Allowed

Sakir @ Sakib v. State of U.P.

Allahabad HC9 Feb 2023BAIL/5318/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Sakir @ Sakib in a case under the U.P. Gangsters and Anti-Social Activities Act, 1986. The court deemed it a fit case for bail despite the serious charge, granting the release subject to standard conditions.

What did the court decide?

Release on bail upon furnishing a personal bond and two heavy sureties each; admission of conditions regarding non-intimidation and cooperation.

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

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Court No. - 22

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5318 of 2023

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Applicant :- Sakir @ Sakib Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A.

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Hon'ble Nand Prabha Shukla,J.

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Heard Sri Noor Ahmad, learned Advocate, holding brief of Sri Mohammad Belal, learned counsel for the applicant, Sri Ratan Singh, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 522 of 2022, registered under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Pilkhuwa, District Hapur during pendency of the trial.

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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 two cases have 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. He further submits that there is no any other criminal history of the applicant except the present case. The applicant is in jail since 08.10.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.

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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 and there is no

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other criminal antecedents except the aforesaid case and, therefore, without commenting on the merits of the case, I find it a 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-Sakir @ Sakib involved in aforesaid crime be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned 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 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 similar to the offence of which he is accused 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 ofÏcer or tamper with the evidence.

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(v) The 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 condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 9.2.2023 Puspendra

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Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad

Sakir @ Sakib v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sakir @ Sakib v. State of U.P.

Case brief

What is this about?

What did the court decide?

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