Allowed

Firoz @ Machchhad v. State of U.P.

Allahabad HC5 Mar 2022BAIL/7238/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Firoz @ Machchhad under the U.P. Gangster and Anti Social Activities (Prevention) Act. The court held that the applicant has made out a case for bail by furnishing a personal bond and two sureties, subject to standard conditions regarding evidence tampering and future conduct.

What did the court decide?

Released on bail on furnishing a personal bond and two sureties each in like amount.

Firoz @ Machchhad Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7238 of 2022

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Applicant :- Firoz @ Machchhad Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

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It is submitted that applicant has been falsely implicated in this case on the basis of single case as shown in the gang chart in which he is on bail. There are some other cases against the applicant which he has explained and in which he is also on bail. There is no previous criminal history against the applicant. Applicant is languishing in jail since 12.11.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the case shown in the gang chart.

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Learned A.G.A. opposed the prayer for bail.

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Considering the nature of offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions made by learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant Firoz @ Machchhad involved in Case Crime No.866 of 2021, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Massorie, District Ghaziabad, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any 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 or 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 bail cancellation application before this Court.

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Order Date :- 5.3.2022 Ashok Gupta

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Digitally signed by ASHOK KUMAR GUPTA Date: 2022.03.07 17:57:04 IST Reason: Location: High Court of Judicature at Allahabad

Firoz @ Machchhad v. State of U.P.

Case brief

What is this about?

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Firoz @ Machchhad v. State of U.P.

Case brief

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