Allowed

Rahil v. State of U.P.

Allahabad HC12 Jun 2023BAIL/25290/2023

Case brief

AI extract

What is this about?

CriminalMisc. Bail Application filed by Rahil under the Prevention of U.P. Gangsters and Anti Social Activities Act, 1986. The court allowed bail considering the applicant's prior enlargement in a related case and lack of stipulated danger, subject to standard conditions.

What did the court decide?

Release of the applicant on bail with a personal bond and two sureties, subject to five standard conditions.

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

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Neutral Citation No. - 2023:AHC:126216

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Court No. - 71

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25290 of 2023

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Applicant :- Rahil Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Yaseen 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 and the learned A.G.A. for the State and perused the record.

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This application has been moved with a prayer to release the applicant on bail during the trial in Case Crime No.67 of 2023, under Section 3(1) Prevention of U.P. Gangsters and Anti Social Activities Act, 1986, P.S. Turkapatti, District Kushi Nagar.

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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 only one case has been shown in the gang chart against the applicant in which he has been enlarged on bail. 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. It is further stated that the applicant's criminal history of one case in Case Crime No. 351 of 2022 has been disclosed, in which the applicant has been granted bail by means of an order dated 04.03.2023 passed by the court below. He further submits that similarly placed co-accused Hasan has already been enlarged on bail by another Bench of this Court by order dated 07.06.2023 passed in Criminal Misc. Bail Application No.24607 of 2023, copy of the bail order produced by learned counsel for the applicant is taken on record. The applicant is in jail since 21.10.2022. In case he is granted bail, he will not misuse the liberty.

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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, therefore, without commenting on the merits of the case, I find it a

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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- Rahil 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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Order Date :- 12.6.2023

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Mini

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

Rahil v. State of U.P.

Case brief

What is this about?

What did the court decide?

Rahil v. State of U.P.

Case brief

What is this about?

What did the court decide?

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