Abdul Gani Vs State of U.P.

Neutral Citation No. - 2023:AHC:123799

Court No. - 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25106 of 2023

Applicant :- Abdul Gani Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Dheeraj Kumar Dwivedi, learned counsel for the applicant and the learned AGA for the State.

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This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Abdul Gani for enlarging him on bail in Case Crime No. 285 of 2022, under Section 3(1) of the U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 registered at Police Station- Sadh, District- Kanpur Nagar.

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The bail application so preferred by the applicant has been rejected by the court below on 10.05.2023.

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Learned counsel for the applicant has argued that unnecessary the proceedings under U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 has been invoked despite the fact that there is a solitary case against the applicant being Case Crime No. 108 of 2022 under Section 3/5/8 of the Cow Slaughter Act in question the applicant has been enlarged on bail on 31.05.2022 by the court below.

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Learned counsel for the applicant further argued that once the applicant has been enlarged on bail in the case mentioned above, there is no occasion to invoke the said provisions while the applicant is languishing in jail since 06.05.2023. If he is enlarged on bail, he will not misuse the liberty, he be enlarged on bail.

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Countering the said submission, the learned A.G.A. has opposed the bail while arguing that offence has been committed by the applicant, as such he has been prosecuted in the case in question, but he could not dispute the fact that the criminal history has been explained.

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Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds that this is a fit case for grant of bail, as the applicant has been explained criminal history satisfactorily and in the aforesaid case the applicant has enlarged on bail and is languishing in jail since 06.05.2023, as also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the

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punishment in the case of conviction, complicity of accused and all attending circumstances.

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These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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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- Abdul Gani involved in aforesaid 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 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 conditions, it shall be a ground for cancellation of bail.

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Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Order Date :- 2.6.2023 Rajesh

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

Abdul Gani v. State of U.P.

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Abdul Gani v. State of U.P.

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