Allowed

Bholu @ Istekhar v. State of U.P.

Allahabad HC18 Apr 2022BAIL/9750/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Bholu @ Istekhar under the U.P. Gangsters and Anti Social Activities (Prevention) Act. The Single Judge held that he was falsely implicated and released him furnishing a personal bond and two sureties under standard conditions.

What did the court decide?

Applicant released on bail by furnishing personal bond and two sureties to the satisfaction of the court below.

Bholu @ Istekhar Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9750 of 2022

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Applicant :- Bholu @ Istekhar Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam,Sadaful Islam Jafri 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.613 of 2020 at Police Station Sikandrabad District Buland Shahar under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act. The applicant is in jail since 30.11.2019.

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The bail application of the applicant was rejected by learned Additional Sessions Judge/ Special Judge (Gangster Act), Bulandshahar on 16.09.2020.

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Shri Sadaful Islam Jafri, 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 solitary criminal case depicted in the gang chart. He is not member of any criminal gang. Learned counsel for the applicant explaining the criminal history of the applicant contends that the applicant has a criminal history of 12 cases. The said criminal history of the applicant was considered by this Court while granting bail to him in the case depicted in the gang chart.

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Shri Nafees Ahmad, learned AGA could not

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satisfactorily dispute the aforesaid submissions from the record. Learned A.GA does not contest the criminal history of the applicant as disclosed in the bail application.

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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-Bholu @ Istekhar 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

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prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 18.4.2022 Nadeem

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Digitally signed by NADEEM AHMAD Date: 2022.04.25 08:28:31 IST Reason: Location: High Court of Judicature at Allahabad

Bholu @ Istekhar v. State of U.P.

Case brief

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Bholu @ Istekhar v. State of U.P.

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