Farman Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

Farman Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Release of applicant Farman on bail in Case Crime No. 442 of 2010 under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Najibabad, District Bijnor, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to conditions (i)-(iv): no tampering with prosecution evidence or harm/harassment to victim/complainant; abiding by court orders and attendance on every date without delaying trial; no indulgence in unlawful activities; no misuse of liberty of bail. Identity, status and residential proof of sureties to be verified by the court concerned; breach permits cancellation of bail.

Issue for consideration

Whether applicant Farman should be released on bail in Case Crime No. 442 of 2010 under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Najibabad, District Bijnor.

Court's answer

Considering the submissions of both sides and the facts and circumstances of the case, and without commenting on the merits, the court found it to be a fit case for bail.

Ratio / Principle

Applicant Farman directed to be released on bail in Case Crime No. 442 of 2010 under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act on furnishing a personal bond and two sureties each in the like amount, subject to specified conditions.

Detailed headnote1 paragraphs

Bail allowed — Criminal Misc. Bail Application No. 57277 of 2022, decided 18.4.2023 by Hon'ble Vivek Kumar Singh, J., High Court of Judicature at Allahabad. Applicant Farman, in jail since 13.09.2022 in Case Crime No. 442 of 2010 under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Najibabad, District Bijnor; gang chart showed three cases against him in all of which he had already been released on bail (orders annexed as Annexure no. S.A.-1 to supplementary affidavit); learned A.G.A. opposed the prayer but did not dispute these facts. Without commenting on the merits, the court found it a fit case for bail and released the applicant on a personal bond with two sureties each in the like amount, imposing conditions against tampering with evidence, delay of trial, unlawful activities and misuse of bail liberty; on breach, the court concerned may cancel the bail.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57277 of 2022

Applicant :- Farman Opposite Party :- State of U.P. Counsel for Applicant :- Akshaya Kumar Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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

The submission of the learned counsel for the applicant is that the accused applicant is in jail since 13.09.2022. In the gang chart three cases have been shown against the accused applicant and in all case the accused applicant has already been released on bail and the bail orders are annexed as Annexure no. S.A.-1 to the supplementary affidavit along with orders of other cases that has been shown as criminal history of the applicant, collectively. Further submission is that accused applicant is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.

Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts.

Upon hearing the submissions made by learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.

Let applicant Farman be released on bail in Case Crime No. 442 of 2010, under Section 3(1) U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Najibabad, District Bijnor, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.

(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.

(iii) The applicant will not indulge in any unlawful activities.

(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.

The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.

Order Date :- 18.4.2023

Bhanu

Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad