Allowed

Faheem v. State of U.P.

Allahabad HC6 Feb 2023BAIL/681/2023

Case brief

AI extract

What is this about?

This court allowed a bail application filed by an accused in a case under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. The applicant, who was in custody since December 6, 2022, sought release. The court, without expressing an opinion on the merits, observed that the applicant had made out a case for bail.

What did the court decide?

Application allowed. Applicant released on personal bond and two sureties subject to not tampering with evidence, cooperating in trial, and not committing new crimes.

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

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Court No. - 78

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 681 of 2023

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Applicant :- Faheem Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Supplementary affidavit, filed today, is taken on record.

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Heard learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the 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.423 of 2022, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Sarsawa, District Saharanpur, during pendency of the trial.

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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 the court below, copy of the bail order is annexed as Annexure3 to the affidavit filed in support of the bail application. The applicant is not a member of any gang. Apart from the cases shown in the gang chart, the applicant has six cases of criminal history and in all cases he has been granted bail. 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 06.12.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

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

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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 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

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application is allowed.

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Let the applicant, Faheem, 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 investigation or trial.

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

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

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

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Order Date :- 6.2.2023 Meenu Singh

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

Faheem v. State of U.P.

Case brief

What is this about?

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Faheem v. State of U.P.

Case brief

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