Allowed

Bab @ Khursheed v. State of U.P.

Allahabad HC7 Apr 2023BAIL/14600/2023

Case brief

AI extract

What is this about?

Criminal Misc. Bail Application filed by Bab @ Khursheed seeking bail in an offence under the U.P. Gangster and Anti-Social Activities Act. The High Court allowed bail, noting prior granting of bail in a related solitary charge and lack of other criminal history.

What did the court decide?

Applicant to be released on bail on personal bond with two sureties, subject to standard conditions.

Bab @ Khursheed Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 80

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14600 of 2023

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Applicant :- Bab @ Khursheed Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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Heard Mrs. Laxmi Dubey, learned counsel holding brief of Sri Manoj Kumar Srivastava, the learned counsel for the applicant and the learned A.G.A. for the State.

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The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 743 of 2022, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 , P.S. Kannauj, District Kannauj.

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The gang-chart mentions involvement of the applicant in solitary case i.e. Case Crime No. 281 of 2022, under Sections 3/5A/8 of U.P. Cow Slaughter Act and Sections 379, 153A, 295, 505 I.P.C. and Section 7 of Criminal Law (Amendment) Act, Police Station Kannauj, District Kannauj, in which the applicant has been granted bail by means of an order dated 03.08.2022 passed in Criminal Misc. Bail Application No. 33439 of 2022 (Annexure No.3).

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The contention of learned counsel for the applicant is that the applicant is an innocent person and he has been falsely implicated in the case. It is further submitted that he is neither a gang leader nor a member of any gang and he is languishing in jail since 0512-2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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Per contra, the learned A.G.A. has opposed the prayer for grant of bail but he could not dispute the aforesaid case.

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Having considered the aforesaid facts and submissions and keeping in view the fact that the applicant has already been granted bail in the solitary case mentioned in the gang-chart; that he has no other criminal history,

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I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed .

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Let the applicant - Baba @ Khursheed be released on bail in Case Crime No. 743 of 2022, under Section 3(1) of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Kannauj, District Kannauj on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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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 an application bail before this Court seeking cancellation of bail.

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Order Date :- 7.4.2023 Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Bab @ Khursheed v. State of U.P.

Case brief

What is this about?

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Bab @ Khursheed v. State of U.P.

Case brief

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