Single judge allowed bail for an applicant accused under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, noting his prior bail in similar cases and lack of indulgence in anti-social activities.
Release on bail upon personal bond and two sureties in equal amount with specific conditions regarding court appearances and non-interference.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7928 of 2023
Applicant :- Mohd Arif Opposite Party :- State of U.P. Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
Heard Sri Mukti Nath Dwivedi, learned counsel for the applicant and Sri Amit Kumar Shukla, learned brief holder for the Staterespondent.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 394 of 2022, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Shahjahanpur, during pendency of the trial in the court below.
Applicant was made accused in the present case on the basis of two cases shown against him in the gang chart.
Learned counsel for the applicant submitted that on the basis of two cases shown in the gang chart, applicant has been made accused in the present matter. He further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in both the cases shown in the gang chart, he has already been released on bail. He further submitted that apart from the two cases shown in the gang chart, applicant is having criminal history of five other cases but in all the cases he has already been enlarged on bail and in the present matter, he is in jail since 14.1.2023, therefore, he may be released on bail.
Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant.
I have heard learned counsel for the parties and perused the record of the case.
It appears that on the basis of two cases shown in the gang chart applicant made accused in the present case and in both the cases, he has already been enlarged on bail although apart from the two cases shown in the gang chart, applicant is having criminal history of five other cases but in all the cases he has already been enlarged on bail and in the present matter, he is in jail since 14.1.2023, therefore, this Court is of the view that it is a fit case to release the applicant on bail.
In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .
Let the applicant- Mohd Arif be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) The applicant shall not directly or indirectly, make 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and anti-social activity.
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.
Order Date :- 6.4.2023
KK Patel
Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is eligible for bail in a case under the U.P. Gangsters and Anti Social Activities (Prevention) Act given his criminal history and current imprisonment.
1 provisions across 1 enactments
Mohd Arif
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
