Allowed

Mohd Samar v. State of U.P.

Allahabad HC17 Feb 2023BAIL/5952/2023

Case brief

AI extract

What is this about?

Single judge allowed bail in a criminal reference under the U.P. Gangsters and AntiSocial Activities (Prevention) Act 1986, noting the applicant was previously enlarged on bail for cow slaughter offense and lacks criminal history.

What did the court decide?

Applicant Mohd. Samar released on bail on personal bond and two sureties subject to conditions regarding evidence tampering and cooperation in trial.

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

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Court No. - 47

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5952 of 2023

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Applicant :- Mohd Samar Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Rai,Ashish Rai 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 and learned A.G.A. on behalf of State and perused the record.

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The instant bail application has been filed on behalf of the applicant, with a prayer to release him on bail in Case Crime No. 576 of 2022, under Section 2/3 U.P. Gangsters and AntiSocial Activities (Prevention) Act 1986, Police Station Jhunsi, District Prayagraj, during pendency of trial.

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It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. He further submits that on the basis of the single case under the Cow Slaughter Act, the Prevention of Gangster Act has been invoked against the applicant. The petitioner is in jail since 13.1.2023. The applicant has no criminal history.

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Per Contra, learned A.G.A. opposed the bail application.

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Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the fact that Prevention of Gangster Act has been invoked on the strength of single case of cow slaughtering wherein the applicant has been enlarged on bail by this Court, I am of the view that this is a case of grant of bail. Hence, therefore, the bail application is allowed.

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Let the applicant Mohd. Samar 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.

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The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the trial.

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The applicant shall cooperate in the trial sincerely without

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seeking any adjournment.

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

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Observation 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 :- 17.2.2023 A. Farooqui

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Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad

Mohd Samar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohd Samar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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