Shahnawaj Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52269 of 2022

Applicant :- Shahnawaj Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Amit Rai, the learned counsel for the applicant, Sri Amit Kumar Shukla, the learned A.G.A. for the State and perused the record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 282 of 2022, under Section 3(1) Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station Nagina, District Bijnor. The aforesaid case has been registered on the basis of a First Information Report lodged by the Station House Officer of the Police Station against three named accused persons, including the applicant, stating that all the accused persons have formed an organized gang and they are engaged in earning their livelihood by committing offences.

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The gang chart mentions involvement of the applicant in two cases - (i) Case Crime No. 255 of 2022, under Sections 379, 411 and 413, (ii) Case Crime No. 257 of 2022, under Sections 4/25 Arms Act, in both of which the applicant has already been granted bail and copies of the bail orders have been annexed with the affidavit filed in support of the bail application.

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It has been stated in the affidavit that the applicant has no other criminal history. The learned Counsel for the applicant has submitted that as the applicant has been granted bail in all the predicate offences, he is entitled to be released on bail.

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The learned AGA has opposed the prayer for grant of bail and he has submitted that allegations against the applicant or of serious nature.

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Upon scrutinizing the facts of the case in light of the aforesaid law, what prima facie appears at this stage is that there is merely a vague accusation that the applicant is a member of a gang, without any particulars of any act committed by him. The minimum punishment which can

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be imposed in case of the applicant's conviction is imprisonment for two years. There is nothing on record which may indicate that the applicant is in a position to tamper with the evidence or influence the witnesses or which may give rise to a reasonable apprehension of threat to the witnesses or to give rise to a reasonable apprehension that the applicant will abscond and will not face the trial.

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The applicant has no other criminal history / he has already been granted bail in all the cases in which he is involved and, therefore, larger interest of the public or the State would not be affected in case the applicant is enlarged on bail, more particularly.

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In view of the aforesaid discussion, the bail application is allowed.

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Let the applicant – Shahnawaj , be released on bail in Case Crime No. 282 of 2022, under Section 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Nagina, District Bijnor, on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:—

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the dates fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move an application before this Court seeking cancellation of bail

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Order Date :- 1.12.2022 Arif

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Digitally signed by MOHAMMAD ARIF Date: 2022.12.02 11:45:35 IST Reason: Location: High Court of Judicature at Allahabad

Shahnawaj v. State of U.P.

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Shahnawaj v. State of U.P.

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