Bail was granted to the accused-applicant in a Gangsters Act trial. The court observed that the applicant had already been released on bail in the sole case mentioned in the gang chart, and there was no apprehension of flight.
Release on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54800 of 2022
Applicant :- Mustqeem Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Mishra,Krishna Kant Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant- Mustqeem for grant of bail, in case Crime No. 264 of 2022, under Section 2/3 of Uttar Pradesh Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station Sherkot, District Bijnor, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in single case mentioned in the gang chart. However, in the single case mentioned in the gang chart, the applicant has been released on bail by the court below vide order dated 21.06.2022 passed in Bail Application No. 997 of 2022 and a copy of the bail order is also placed on record as Annexure no.3 to the affidavit in support of bail application. It is further submitted that applicant is detained in prison since 05.11.2022 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.
Learned A.G.A., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant with regard to the fact that the applicant has been granted bail in those offences on the basis of which provisions of Gangsters Act were invoked.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Mustqeem involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 7.12.2022 Abhishek Singh
Digitally signed by ABHISHEK SINGH Date: 2022.12.09 09:57:32 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail under the Gangsters Act after being falsely implicated and already granted bail in the single case mentioned in the gang chart.
1 provisions across 1 enactments
Mustqeem
State of U.P.
Shiv Shanker Prasad
Abhishek Singh
As recorded by the court registry
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