The Allahabad High Court allowed a bail application under the UP Gangster Act, finding the applicant a fit case for release upon furnishing a personal bond and two sureties subject to standard conditions.
Release on bail with personal bond and two sureties subject to conditions.
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Neutral Citation No. - 2023:AHC-LKO:38294
Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5212 of 2023
Applicant :- Mohd. Husain @ Firoz Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashish Raman Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Ashish Raman Mishra, learned counsel for the applicant as well as learned AGA for the State respondent and perused the record.
Learned counsel for the applicant has submitted that five cases have been shown against the applicant in the gang-chart and in those cases, the applicant is on bail. Copies of bail orders have been annexed as Annexure-3.1, 3.2, 3.3, 3.4 and 3.5 to the affidavit filed in support of the bail application. It has also been submitted that the applicant is not involved in any antisocial activities and he has been falsely implicated in the present crime. The copy of the gang-chart has been annexed as Annexure-2 to the affidavit. It is further submitted that there is no chance of the applicant fleeing away from the judicial process or of tampering with the prosecution evidence. He next submits that the applicant is in jail since 19.1.2023 and if he is released on bail, he will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail. However, he does not dispute the fact that the applicant has been granted bail in the cases mentioned in the gang-chart.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage, without commenting on the merits of the case, I find it a fit case for bail. The bail application is allowed.
Let applicant- Mohd. Husain @ Firoz be released on bail in Case Crime No. 09 of 2023, under Section 3(1) UP Gangster and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Ranipur, District Bahraich, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence in
any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 29.5.2023 Kpy
Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is a fit case for bail notwithstanding the severity of punishment under the UP Gangster Act.
1 provisions across 1 enactments
Mohd. Husain @ Firoz
State Of U.P. Thru. Prin. Secy. Home Lko.
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
