Allowed

Mohsin Raza @ Mohit Raza @ Kalla Khan v. State of U.P.

Allahabad HC9 Feb 2023BAIL/2293/2023

Case brief

AI extract

What is this about?

Court allowed bail application filed by Mohsin Raza under U.P. Gangsters and Anti Social Activities Act, 1986. Applicant was ordered released on personal bond and two sureties subject to conditions regarding witness tampering, trial cooperation, and non-reoffending, citing bail as the rule under Article 21.

What did the court decide?

Applicant released on bail on furnishing personal bond and two sureties subject to conditions.

Mohsin Raza @ Mohit Raza @ Kalla Khan Vs… — Pension and Retirement Benefits | Allahabad HC (2023)

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2293 of 2023

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Applicant :- Mohsin Raza @ Mohit Raza @ Kalla Khan Opposite Party :- State of U.P. Counsel for Applicant :- Abdul Mazeed,Qazi Abid Azam Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,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 on behalf of the applicant Mohsin Raza @ Mohit Raza @ Kalla Khan with a prayer to release him on bail in Case Crime No.873 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Puranpur, District Pilibhit, during pendency of the trial.

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It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in two criminal cases in which he has already been enlarged on bail by coordinate Bench of this Court and court below vide orders dated 24.11.2022 and 21.10.2022 (Annexure 3 to the bail application). Apart from cases shown in the gang chart, one other cases is pending against the applicant. In that cases the applicant is on bail. Learned counsel for the applicant next submitted that co-accused Mahtab Beg has been granted bail by coordinate Bench of this Court vide order dated 24.01.2023. 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 20.09.2022 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail prayer of the applicant.

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The Hon. Apex Court in Sanjay Chandra Vs. C.B.I. (2012) 1 SCC 40 , has observed that:

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"21 In bail applications, generally, it has been laid down from the earliest times that the object of bail is to secure the appearance of the accused person at his trial by reasonable amount of bail. The object of bail is neither punitive nor preventative. Deprivation of liberty must be considered a punishment, unless it is required to ensure that an accused person will stand his trial when called

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upon. The courts owe more than verbal respect to the principle that punishment begins after conviction, and that every man is deemed to be innocent until duly tried and duly found guilty.

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23. Apart from the question of prevention being the object of a refusal of bail, one must not lose sight of the fact that any imprisonment before conviction has a substantial punitive content and it would be improper for any Court to refuse bail as a mark of disapproval of former conduct whether the accused has been convicted for it or not or to refuse bail to an unconvicted person for the purpose of giving him a taste of imprisonment as a lesson.

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27. This Court, time and again, has stated that bail is the rule and committal to jail an exception. It has also observed that refusal of bail is a restriction on the personal liberty of the individual guaranteed under Article 21 of the Constitution."

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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.

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Let the applicant Mohsin Raza @ Mohit Raza @ Kalla Khan , 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.

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

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

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

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Order Date :- 9.2.2023 SKD

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

Mohsin Raza @ Mohit Raza @ Kalla Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohsin Raza @ Mohit Raza @ Kalla Khan v. State of U.P.

Case brief

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