Allowed

Bablu Alias Sirazuddin v. State of U.P.

Allahabad HC14 Nov 2022BAIL/50845/2022

Case brief

AI extract

What is this about?

The High Court allowed the bail application filed by Bablu Alias Sirazuddin. The court observed that the applicant was already on bail for substantive offences and cited parity with co-accused. Relying on Section 19(4)(b) of the U.P. Gangster Act without expressing an opinion on merits, the court granted bail subject to strict conditions.

What did the court decide?

Surendra Singh-I,J. allowed the bail application and released the applicant on bail upon executing a personal bond and furnishing two sureties, subject to specific conditions of conduct and appearance

Bablu Alias Sirazuddin Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 93 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50845 of 2022

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Applicant :- Bablu Alias Sirazuddin Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Heard Shri Rajeev Kumar Rai, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the material on record.

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The instant bail application has been filed on behalf of the applicant, Bablu Alias Sirazuddin, with a prayer to release him on bail in Case Crime No. 1287 of 2019, under Sections 2/3 of U.P. Gangster and Antisocial Activities (Prevention) Act 1986, Police Station- Sector 39 Noida, District- Gautam Buddh Nagar during pendency of trial.

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The submission of the learned Counsel for the applicant is that the applicant has been implicated in the present case on account of his involvement in the five substantive offences mentioned in the gang chart annexed as Annexure No. 2 to the affidavit. It is next argued that the applicant has been admitted to bail in all the substantive offences. Relevant bail orders passed by the court below has been annexed as Annexure no.3 to the affidavit filed alongwith bail application. It is further submitted that coaccused Ikhlakh and Rahul identically circumstanced as the applicant, have been enlarged on bail by a co-ordinate bench of this Court vide order dated 21.04.2022 passed in Criminal Misc. Bail Application No. 13916 of 2022 and order dated 18.11.2020 passed in Criminal Misc. Bail Application No.38627 of 2020 respectively, entitling the applicant to be released on bail on the ground of parity. It is in the last submitted that the applicant is in jail since 15.08.2022 and in case he is released on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for bail but could not deny the submissions advanced by the learned counsel for the applicant.

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Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, the fact that the applicant is on bail in the substantive offences, the fact that other similarly situate co-accused, have already been enlarged on bail, and taking note of Section 19(4)(b) of the Gangsters

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Act, but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant is entitled to bail.

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The bail application, accordingly, stands allowed.

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Let the applicant, Bablu Alias Sirazuddin, involved in the aforesaid case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the Court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

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In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 14.11.2022/Pratima

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Digitally signed by PRATIMA AGRAHARI Date: 2022.11.14 17:57:59 IST Reason: Location: High Court of Judicature at Allahabad

Bablu Alias Sirazuddin v. State of U.P.

Case brief

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Bablu Alias Sirazuddin v. State of U.P.

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