Allowed

Wasim v. State of U.P.

Allahabad HC16 Oct 2023BAIL/39947/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Wasim in a criminal case involving IPC provisions and the U.P. Gangsters Act. The court relied on the fact that co-accused were on bail and the applicant was not a gang leader, granting bail with conditions.

What did the court decide?

Applicant was released on bail on furnishing a personal bond and two sureties, conditioned not to tamper with evidence or witnesses.

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

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Neutral Citation No. - 2023:AHC:199679

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39947 of 2023

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Applicant :- Wasim Opposite Party :- State of U.P. Counsel for Applicant :- Brahma Kumar Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Chandra Sharma,J.

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Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

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The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 493 of 2022, under Section 395, 342, 412, 120-B I.P.C and Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Budhana, District Muzaffar Nagar, during the pendency of the trial.

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Learned counsel for the applicant submits that the applicant has not been named in the F.I.R., he was arrested from his parental house and after arrest, a false recovery was shown by the police. There is no independent witness of the alleged recovery nor any identification parade has been conducted by the police. It is next contended that in this case, the co-accused Suhail, Bilal, Noor Mohammad @ Nanhe, Shabir and Murtaza have been granted bail by coordinate Bench. The applicant claims parity. It is lastly contended that according to the gang chart, only one case has been shown against the applicant and in the said case, he has been enlarged on bail. The bail order have been annexed as Annexure No. 5 with the affidavit. It is further contended that the applicant is neither a gang leader nor a member of any gang. The applicant is in jail since 24.12.2022 and in case he is enlarged on bail, he would not misuse the liberty.

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Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Considering the rival submissions of learned counsel for parties, material available on record and keeping in view that the coaccused have been enlarged on bail as well as in light of the

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submission of counsel for the applicant to the effect that while on bail in this case, the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.

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Let the applicant- Wasim involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

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(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; and,

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(iii) the applicant shall appear on each and every date fixed by the trial court.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 16.10.2023 S.Verma

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

Wasim v. State of U.P.

Case brief

What is this about?

What did the court decide?

Wasim v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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