Allowed

Adbul Azeem v. State of U.P.

Allahabad HC6 Feb 2023BAIL/927/2023

Case brief

AI extract

What is this about?

The Allahabad High Court allowed a Criminal Miscellaneous Bail Application filed by Abdul Azeem. The judge observed that the applicant made out a case for bail in a case registered under Karnataka Gangster Act provisions, stating the applicant was innocent and falsely implicated. Bail was granted subject to conditions.

What did the court decide?

Applicant released on personal bond and two sureties each, subject to conditions of not tampering with evidence, cooperating in trial, and avoiding further crime.

Adbul Azeem 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. - 927 of 2023

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Applicant :- Adbul Azeem 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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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 0423 of 2022, registered under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Sarsawa, District Saharanpur during pendency of the trial.

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Learned counsel for the applicant submitted that one case is shown in the gang chart on that account provisions of Gangster Act has been imposed. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in the case shown in the gang chart which is annexed as Annexure 3 to the affidavit. The applicant has no criminal history except the case shown in the gang chart. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 06.12.2022. In case, the applicant is released 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 , 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.

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Let the applicant, Abdul Azeem, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond

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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 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Adbul Azeem v. State of U.P.

Case brief

What is this about?

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Adbul Azeem v. State of U.P.

Case brief

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