Allowed

Kamaluddin Qureshi Alias Sallu v. State of U.P.

Allahabad HC8 Feb 2023BAIL/59161/2022

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a bail application filed by Kamaluddin Qureshi in a trial under the U.P. Gangsters Act, finding a case for bail based on the nature of the offence, absence of gang membership, and lack of prospects for near-term trial conclusion.

What did the court decide?

Release of the applicant on bail upon furnishing a personal bond and two sureties, subject to specific conditions not to tamper with witnesses, cooperate in trial, and refrain from criminal activity.

Kamaluddin Qureshi Alias Sallu Vs State of U.P. — Bail and Remand | Allahabad HC (2023)

¶1

Court No. - 78

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59161 of 2022

¶3

Applicant :- Kamaluddin Qureshi Alias Sallu Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Gaur Counsel for Opposite Party :- G.A.

¶4

Hon'ble Deepak Verma,J.

¶5

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

¶6

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.662 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Jagdishpura , District Agra, during pendency of the trial.

¶7

It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in one case in which he has already been enlarged on bail by Co-ordinate Bench of this Court, copy of the bail order is annexed as Annexure-3 to the affidavit filed in support of the bail application. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 12.11.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and cooperate in trial.

¶8

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

¶9

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 , passed in 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.

¶10

Let the applicant, Kamaluddin Qureshi @ Sallu 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.

¶11

The applicant shall not tamper with the prosecution evidence

¶12

by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶13

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

¶14

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

¶15

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

¶16

Order Date :- 8.2.2023 Meenu Singh

¶17

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

Kamaluddin Qureshi Alias Sallu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamaluddin Qureshi Alias Sallu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Shyam Babu Vs State of U.P.

Sanjay Yadav Vs State of U.P.

Faizan Qureshi Vs State of U.P.

Atul Kumar Singh Vs State of U.P.

Rajneesh Mishra Vs State of U.P.

Laxmi Narayan Vs State of U.P.