Bilal v. State of U.P.
Case brief
What is this about?
Allahabad High Court, CRIMINAL MISC. BAIL APPLICATION No. 27147 of 2023, neutral citation 2023:AHC:127675, decided 20.6.2023 by Samit Gopal, J. Bail granted under Section 439 CrPC to applicant Bilal in Case Crime No. 325 of 2023 under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Lisari Gate, District Meerut; grounds: no criminal history except one Gang Chart case with bail already granted, not a gang leader or member, custody since 02.06.2023, no convincing material showing possibility of tampering with evidence; bail conditioned on personal bond and two sureties, non-tampering, attendance, undertaking against adjournments, non-misuse (s.82 Cr.P.C. proclamation / s.174-A I.P.C.), presence at 313 Cr.P.C. stage (s.229-A I.P.C.), and expeditious trial.
What did the court decide?
Release of applicant Bilal on bail in Case Crime No. 325 of 2023 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (i) not to tamper with prosecution evidence nor harm or harass the victim/complainant; (ii) to abide by orders of Court, attend on every date and not delay disposal of trial; (iii) to file an undertaking not to seek adjournment on dates fixed for evidence when witnesses are present, default being treatable as abuse of liberty of bail; (iv) not to misuse the liberty of bail, failing which proclamation under section 82 Cr.P.C. may be issued and proceedings initiated under Section 174-A I.P.C.; (v) to remain personally present before the Trial Court at the 313 Cr.P.C. stage, deliberate absence being treatable as abuse of liberty and actionable under Section 229-A I.P.C.; (vi) Trial Court to make all possible efforts to conclude the trial expeditiously; identity, status and residential proof of sureties to be verified, with liberty to the court concerned to cancel bail on breach of any condition.