Irshad Ali @ Budda Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

Irshad Ali @ Budda Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Irshad Ali @ Budda released on bail in Case Crime No. 607 of 2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions: (1) no tampering with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; (2) sincere cooperation in trial without seeking adjournment; (3) no indulgence in any criminal activity after release; sureties to be verified before release order.

Issue for consideration

Whether the applicant Irshad Ali @ Budda should be released on bail in Case Crime No. 607 of 2022 under Sections 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 during pendency of the trial.

Court's answer

Considering the entire facts and circumstances, submissions of counsel, nature of offence, evidence and complicity of accused, and without expressing any opinion on merits, and keeping in view the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., the applicant has made out a case for bail and the bail application is allowed.

Ratio / Principle

The applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to specified conditions, with sureties to be verified before issuance of the release order.

Key takeaways

Breach of any of the bail conditions (no tampering with prosecution evidence or intimidating/pressurizing witnesses; sincere cooperation in trial without seeking adjournment; no indulgence in criminal activity after release) shall be a ground for cancellation of bail.ratio¶14

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.) allows bail under Sections 2/3, U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 in Case Crime No. 607 of 2022, P.S. Shahganj, District Agra. Gang chart showed two cases, in both of which the applicant was already on bail (Annexures 3 and 4), and he had been enlarged on bail in four other cases; in custody since 06.12.2022. Relying on the law laid down by the Apex Court in Satendra Kumar Antil v. C.B.I., SLP(Crl.) No. 5191 of 2021, and without expressing any opinion on merits, bail granted on personal bond and two sureties each in like amount, subject to conditions of no witness tampering/intimidation, sincere cooperation in trial without adjournments, and no fresh criminal activity; breach of conditions to be a ground for cancellation of bail.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2723 of 2023

Applicant :- Irshad Ali @ Budda Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Kumar Sharma Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard Sri Vivek Kumar Sharma, learned counsel for the applicant, Sri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the record.

The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 607 of 2022, registered under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Shahganj, District Agra during pendency of the trial.

Learned counsel for the applicant submitted that two cases are shown in the gang chart on that account provisions of Gangster Act has been imposed. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in the cases shown in the gang chart which is annexed as Annexures 3 and 4 to the affidavit. Apart from the cases shown in the gang chart, applicant was involved in four other cases in which he has been enlarged on bail. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 06.12.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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

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 the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another , 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.

Let the applicant, Irshad Ali @ Budda, 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.

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

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

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

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

Order Date :- 7.2.2023 Nitin Verma

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