Allowed

Ali Abbas v. State of U.P.

Allahabad HC20 Dec 2022BAIL/58369/2022

Case brief

AI extract

What is this about?

The Court allowed a bail application filed by Ali Abbas in a case under the U.P. Gangsters Act. Relying on the parity principle regarding a co-accused already granted bail and noting the applicant's bail in another substantive offense, the Court held that the applicant was entitled to bail, subject to strict conditions regarding presence and conduct.

What did the court decide?

Applicant to be released on personal bond and two sureties subject to conditions regarding presence in court and non-activity.

Ali Abbas Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 93

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58369 of 2022

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Applicant :- Ali Abbas Opposite Party :- State of U.P. Counsel for Applicant :- Ankit Agarval,Dilip Kumar Patel Counsel for Opposite Party :- G.A.

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Hon'ble Surendra Singh-I,J.

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Copy of bail order dated 08.12.2022 of co-accused, Jaswinder Singh alias Manni alias Kaalu, passed in Criminal Misc. Bail Application No. 55964 of 2022 has been produced by the learned counsel for the applicant in the Court today which is taken on record.

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Heard Sri Shubham Jadaun, Advocate, holding brief of Sri Ankit Agarwal, 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, Ali Abbas , with a prayer to release him on bail in Case Crime No. 767 of 2022, under Sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kotwali Nagar, District- Bulandshahr, during pendency of trial.

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It is argued by the learned counsel for the applicant that the applicant has falsely been implicated in the present case. The applicant is not a member of any gang. According to the gang chart, the applicant is said to have been involved in one criminal case, namely, Case Crime No. 410 of 2022 u/s 8/20 of NDPS Act, P.S.- Kotwali Nagar, District- Bulandshahr in which he has already been enlarged on bail vide order dated 08.07.2022 passed by another coordinate Bench of this Court in Criminal Misc. Bail Application No. 27944 of 2022. Copy of aforesaid bail order has been annexed as Annexure No. 3 to the affidavit filed in support of the bail application. Apart from one case shown in the gang chart, the applicant has no criminal history to his credit. It is further submitted that identically circumstanced co-accused, Jaswinder Singh alias Manni alias Kaalu, has been enlarged on bail by coordinate Bench of this Court vide order dated 08.12.2022 passed in Criminal Misc. Bail Application No. 55964 of 2022. The case of the applicant stands on identical footing and the applicant is also entitled to bail on the ground of parity. The applicant is languishing in jail

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since 31.08.2022. In case he is enlarged on bail, he will not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserve any indulgence. However, he could not deny the submissions made on behalf of the applicant.

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Learned A.G.A. has further pointed out that the applicant has a criminal history of one case being Case Crime No. 80 of 2019 u/s 60 of U.P. Excise Act, P.S.- Shikarpur, DistrictBulandshahr, registered against the applicant.

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Learned counsel for the applicant has submitted that as per his knowledge and the documents on record, the applicant is not in judicial custody in the aforesaid case.

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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 offence, the fact that coaccused similarly situate as the applicant has already been enlarged on bail by coordinate Bench of this Court, and taking note of Section 19(4)(b) of the Gangsters 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, Ali Abbas , involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to 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

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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 :- 20.12.2022 KS

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Digitally signed by KISHAN SINHA Date: 2022.12.20 17:48:04 IST Reason: Location: High Court of Judicature at Allahabad

Ali Abbas v. State of U.P.

Case brief

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Ali Abbas v. State of U.P.

Case brief

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