Ali Ahmad Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

Ali Ahmad Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Ali Ahmad on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions (no tampering with prosecution evidence or intimidation/pressurization of witnesses; sincere cooperation in trial without adjournments; no criminal activity after release), with breach of conditions constituting ground for cancellation of bail, and verification of sureties before issuance of the release order.

Issue for consideration

Whether applicant Ali Ahmad, accused in Case Crime No. 212 of 2022 under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Mardah, District Ghazipur, should be released on bail during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, nature of offence, evidence and complicity of the accused, and without expressing any opinion on merits, and in view of the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. & Another, the Court held that the applicant has made out a case for bail and allowed the bail application.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions: (1) not tamper with prosecution evidence or intimidate/pressurize witnesses; (2) cooperate in trial sincerely without seeking adjournment; (3) not indulge in any criminal activity after release; breach of any condition to be a ground for cancellation of bail; sureties to be verified before issuance of the release order.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.), order dated 10.4.2023: Bail allowed to applicant Ali Ahmad in Case Crime No. 212 of 2022 under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Mardah, District Ghazipur, during pendency of trial. Four cases shown in gang-chart against applicant, who is already on bail in those cases (bail orders annexed as Annexure No. 3); applicant in custody since 31.01.2023. Bail granted keeping in view nature of offence, evidence, complicity of accused and the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I. & Another (S.L.P.(Crl.) No. 5191 of 2021), without expressing opinion on merits. Release on personal bond and two sureties each in like amount, subject to conditions of non-tampering with evidence/non-intimidation of witnesses, sincere cooperation in trial without adjournments, and abstention from criminal activity; breach a ground for cancellation; sureties to be verified before release order.

Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13302 of 2023

Applicant :- Ali Ahmad Opposite Party :- State of U.P. Counsel for Applicant :- Gyanendra Prasad Mahant,Purnendu Pratap Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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

The instant bail application has been filed on behalf of the applicant Ali Ahmad with a prayer to release him on bail in Case Crime No.212 of 2022, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Mardah, District Ghazipur, during pendency of the trial.

It is argued by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Four cases have been shown in the gang-chart against the applicant. The applicant is on bail in the cases shown in the gang chart. Bail orders are annexed as Annexure No.3 with the bail application. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 31.01.2023 and in case he is enlarged on bail he will not misuse the liberty of bail.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021 , the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Ali Ahmad , who is involved in the aforesaid case crime, 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.

The applicant shall not tamper with the prosecution evidence by

intimidating/ pressurizing the witnesses, during the investigation or trial.

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

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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

Order Date :- 10.4.2023 SKD

Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad