Allowed

Talib Alias Bablu v. State of U.P.

Allahabad HC14 Jun 2023BAIL/21842/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application under the U.P. Gangsters and Anti-Social Activities Act, 1986. The Court found the applicant fit for bail primarily because he had already been enlarged on bail in a related case within the same gang chart, without commenting on the merits of the charges.

What did the court decide?

Applicant released on bail on personal bond and two heavy sureties, subject to standard conditions including cooperation and no tampering.

Talib Alias Bablu Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:126510

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21842 of 2023

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Applicant :- Talib Alias Bablu Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ms. Nand Prabha Shukla,J.

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

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 33 of 2023, registered under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kundarki, District Moradabad during pendency of the trial.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He further submits that single case has been shown in the gang chart against the applicant in which he has been enlarged on bail by the Co-ordinate Bench of this Court on 19.7.2022 passed in Criminal Misc. Bail Application No. 26388 of 2022. He also submits that the applicant is not a repeated offender under Section 3/5/8 of Cow Slaughter Act. It has also been submitted that the applicant is not involved in any anti-social activities and he is not a member of any gang. The applicant has explained the criminal history of four cases in paragraph 2 of the supplementary affidavit. The applicant was granted bail by this Court on 03.12.2013 in Case Crime No. 229 of 2013 under Sections 392, 411 IPC. It was next submitted that the co-accused Nazim has been granted bail by this Court on 26.5.2023 in Criminal Misc. Bail Application No. 19976 of 2023. Bail order of the said co-accused is kept on record. The applicant is in jail since 10.4.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the aforesaid facts.

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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, therefore, without commenting on the merits of the case, I find it a fit case for bail.

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In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed .

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Let the applicant-Talib alias Bablu 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 :-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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

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

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(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.

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(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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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.

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Order Date :- 14.6.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Talib Alias Bablu v. State of U.P.

Case brief

What is this about?

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Talib Alias Bablu v. State of U.P.

Case brief

What is this about?

What did the court decide?

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