This is a bail application under the U.P. Gangsters and Anti-Social Activities (Prevention) Act where the applicant, after surrendering, was granted bail upon furnishing personal bond and sureties, noting prior releases in gang chart cases.
Applicant released on bail by furnishing personal bond and two heavy sureties each
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Neutral Citation No. - 2023:AHC:126285
Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17699 of 2023
Applicant :- Abrar Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Maurya,Shweta Singh Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in G.S.T. No. 50 of 2011 (State vs. Abrar and others) arising out of Case Crime No. 340 of 2010 under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Akrabad, District Aligarh during pendency of the trial.
It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the instant case. He further submits that four cases have been shown in the gang chart against the applicant in which he has been released on bail by the court below. It has been further contended that previously the applicant was granted bail by this Court on 08.07.2011 in Criminal Misc. Bail Application No. 17082 of 2011, arising out of Case Crime No. 340 of 2011 under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Akrabad, District Aligarh. The applicant is absconding since 2014 and finally surrendered on 24.2.2023. It has also been submitted that the applicant is not involved in any antisocial activities and he is not a member of any gang. He further submits that there is no any other criminal history of the applicant except the cases shown in the gang chart. The applicant is in jail since 31.01.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the aforesaid facts.
Upon hearing learned counsel for the parties, perusal of record and
considering the complicity of accused, I find that applicant has been enlarged on bail in the case mentioned in the gang chart and there is no other criminal antecedents except the aforesaid case and, therefore, without commenting on the merits of the case, I find it a fit case for bail.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Abrar involved in aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) The applicant shall not directly or indirectly make any 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.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date : - 13.6.2023 Puspendra
Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is eligible for bail in the instant G.S.T. case.
Whether the applicant's criminal antecedents mandate denial of bail.
2 provisions across 2 enactments
Abrar
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Nand Prabha Shukla
