Allowed

Sachin@ Khatola v. State of U.P.

Allahabad HC19 Apr 2022BAIL/7458/2022

Case brief

AI extract

What is this about?

The Court allowed the bail application filed by Sachin@ Khatola under Sections 2/3 of the U.P. Gangsters and Anti Social Activities Act. The Court noted the applicant's criminal history and lack of flight risk as grounds for release.

What did the court decide?

Relief of bail granted with personal bond, two sureties, and conditions regarding trial attendance and non-interference with evidence.

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

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7458 of 2022

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Applicant :- Sachin@ Khatola Opposite Party :- State of U.P. Counsel for Applicant :- Tabassum Hashmi Counsel for Opposite Party :- G.A.

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.125 of 2020 at Police Station Khoda District Ghaziabad under Sections 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 16.03.2022.

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The bail application of the applicant was rejected by learned Special Judge (Gangster Act)/Additional District and Sessions Judge, Ghaziabad on 02.11.2021.

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Ms. Tabussum Hashmi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in the two criminal cases depicted in the gang chart. He is not member of any criminal gang.

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Explaining the criminal history of the applicant, learned counsel for the applicant contends that being from economically weaker section of the society the applicant has become a convenient scapegoat for the police authorities who have repeatedly implicated the

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applicant in false cases in quick succession to burnish their professional credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The criminal cases do not depict commission of any heinous crime by the applicant and have no bearing on the instant case. The applicant is not a flight risk and there is no possibility of his influencing witnesses, tempering with the evidence or reoffending.

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Shri Nafees Ahmad, learned AGA for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does contest the criminal history of the applicant as disclosed in the bail supplementary affidavit.

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I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Sachin@ Khatola be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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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 date 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 condition, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 19.4.2022 Dhananjai

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Digitally signed by DHANANJAI Date: 2022.04.28 15:07:03 IST Reason: Location: High Court of Judicature at Allahabad

Sachin@ Khatola v. State of U.P.

Case brief

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Sachin@ Khatola v. State of U.P.

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