Allowed

Haider Ali v. State of U.P.

Allahabad HC20 Jun 2023BAIL/27304/2023

Case brief

AI extract

What is this about?

In Criminal Misc. Bail Application No. 27304 of 2023, the Allahabad High Court examined bail in a case under the U.P. Gangster and Antisocial Activities Act. The court allowed bail after noting the applicant's long detention and the bail of co-accused, subject to personal bond and other conditions.

What did the court decide?

Release of the applicant on personal bond and two sureties subject to conditions regarding evidence, witnesses, and trial cooperation.

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

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Neutral Citation No. - 2023:AHC:127670

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Court No. - 48

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27304 of 2023

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Applicant :- Haider Ali Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Sawhney Counsel for Opposite Party :- G.A.

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Hon'ble Vinod Diwakar,J.

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Heard learned counsel for the applicant, learned A.G.A. on behalf of the State and perused the record.

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The instant bail application has been filed on behalf of the applicant, Haider Ali , with a prayer to release him on bail in Case Crime No. 59 of 2023, under Sections 2/3 U.P. Gangster and Antisocial Activities (Prevention) Act, Police Station Sherkot, District Bijnor, during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. He further submits that four cases have shown against the applicant in the gang chart and in all cases he has been enlarged on bail by the trial court. He further submits that co-accused persons Munsaf Ali Urf Babu and Rizwan have already been granted bail by coordinate Bench of this Court vide orders dated 26.05.2023 and 18.05.2023 passed in Criminal Misc. Bail Application Nos. 16449 of 2023 and 20023 of 2023 respectively. The applicant has been languishing in jail since 12.10.2022. If the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Per contra, learned A.G.A. has opposed the prayer.

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Be that as it may, having heard the learned counsel for the parties, and on perusal of the record, it transpires that the applicant has been languishing in jail since 12.10.2022; co-accused persons have already been granted bail by the co-ordinate Bench of this Court; no fruitful purpose would be served in keeping the accusedapplicant in jail during pendency of trial as trial may take some more time to complete. Considering the aforesaid facts, this court is inclined to enlarge the accused applicant on bail. Therefore, the

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bail application is allowed .

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Let the applicant, Haider Ali , be released on bail on the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the court's satisfaction, subject to the following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall not tamper with the evidence and shall cooperate with the police as required.

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(ii) The applicant shall refrain from pressurizing the witnesses during the trial.

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

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In case of breach of any of the above conditions, the same shall be grounds for cancellation of bail.

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Observations made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case.

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Order Date :- 20.6.2023 Suraj Srivastav

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Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad

Haider Ali v. State of U.P.

Case brief

What is this about?

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Haider Ali v. State of U.P.

Case brief

What is this about?

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