Parvez Vs State of U.P.

Court No. - 81

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12819 of 2023

Applicant :- Parvez Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Chaurasia Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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

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The instant bail application has been filed on behalf of the accused-applicant with a prayer to release the accused-applicant on regular bail in Case Crime No. 64 of 2022, under Section 3 (1) UP Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at P.S. Sonuali, District Maharajganj, U.P.

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As per the prosecution case, the provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 has been invoked against the accused- applicant while the accusedapplicant was in jail in Case Crime No. 99 of 2021, under Sections 147, 148, 149, 307, 302, 504, 506, 323, 324 and 34 IPC registered at P.S. Sonauli, District Mahrajganj. The allegation against the accused-applicant is that the accused is involved in case of murder and attempt to murder and further running a gang for commission of heinous offences.

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It is submitted by learned counsel for the accused-applicant that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submits that applicant was in jail in Case Crime No. 99 of 2021, under Sections 147, 148, 149, 307, 302, 504, 506, 323, 324, 34 IPC registered at P.S. Sonauli, District Mahrajganj when the provisions of Gangster Act was invoked against him. He further submits that accused-appellant is the only bread earner in the family and the other family members have no other source of income. He further contends that the criminal history of the applicant has been explained in para 8 of the application. The applicant is languishing in jail since 06.07.2022. The applicant has already been granted bail by co-ordinate bench of this court in Case Crime No. 99 of 2021registered at P.S. Sonauli, District Mahrajganj vide order dated 03.01.2023. He further submits that the applicant is not required in any other case except the present case. As the accused-applicant has already been enlarged in the main case on 03.01.2023 and could not be

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released from jail because of the present case. The applicantaccused further undertakes to cooperate in the trial and would not misuse the liberty, if enlarged on bail in the captioned bail application.

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Per contra, learned A.G.A. submits that applicant was named in Case Crime No. 99 of 2021, under Sections 147, 148, 149, 307, 302, 504, 506, 323, 324, 34 IPC registered at P.S. Sonauli, District Mahrajganj and a recovery of knife has been made on his pointing out. The accused-applicant has a criminal history of two cases hence does not deserve the concession of bail at this stage.

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Having heard the learned counsel for the parties and after perusal of records, it transpires that the accused-applicant has already been granted bail by the co-ordinate bench of this court in Case Crime No. 99 of 2021, under Sections 147, 148, 149, 307, 302, 504, 506, 323, 324, 34 IPC registered at P.S. Sonauli, District Mahrajganj on the strength of which the provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 has been invoked against the accused-applicant. As the accused-applicant has been enlarged on bail in the main case, no purpose would be served to keep the accused in jail in the present case. Hence, therefore, the bail application is allowed .

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Let the applicant, Parvez be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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The accused-applicant shall cooperate with the investigation and attend the Investing Officer as and when required.

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The applicant shall not pressurize the witnesses, during the trial.

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The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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In case of breach of any of the above conditions, the same shall be a ground for cancellation of bail.

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Observation made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

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Order Date :- 22.3.2023 Ujjawal

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Digitally signed by :- UJJAWAL PARJAPATI High Court of Judicature at Allahabad

Parvez v. State of U.P.

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Parvez v. State of U.P.

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