The Court allowed a bail application under the U.P. Gangster Act, 1986. The applicant, already on bail for the same crime in the gang chart, was ordered released on personal and local sureties.
Released on bail on furnishing a personal bond and two local sureties.
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Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5318 of 2022
Applicant :- Shanu @ Shan Mohammad @ Masroor Opposite Party :- State of U.P. Counsel for Applicant :- Akhil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Akhil Kumar Shukla, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 328 of 2020, under Section 3(1) of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Kannauj, District Kannauj.
The contention of learned counsel for applicant is that in the gang chart, sole case has been shown against the applicant in which he has already been enlarged on bail by means of an order dated 30.05.2020 passed by the learned Sessions Judge, Kannauj in Bail Application No. 403 of 2020.
It is further submitted that co-accused Talib has already been granted bail by this Court in Crl. Misc. Bail Application No. 37996 of 2020 vide order dated 17.11.2020.
It is next contended that the applicant is in jail since 20.06.2020 and in case he is enlarged on bail, he will not misuse the said liberty.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, and keeping in view the fact that the applicant has already been enlarged on bail in the case shown in the gang chart, I am of the view that the applicant is also entitled for bail and accordingly the bail application is allowed.
Let the applicant Shanu @ Shan Mohammad @ Masroor involved in aforesaid case crime be released on bail on his
furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 18.2.2022 Ashish Pd.
Digitally signed by ASHISH PRASAD Date: 2022.02.18 17:46:03 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the present case considering he was already enlarged on bail for the same act in the gang chart.
1 provisions across 1 enactments
Shanu @ Shan Mohammad @ Masroor
Hon'ble Subhash Vidyarthi,J.
Hon'ble Ashish Prasad
As recorded by the court registry
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