Criminal Misc. Bail Application allowed. The court ordered the release of the applicant, Akram, on provision of bonds and sureties, noting that he was accused based on a solitary case in a gang chart and has a history of other cases where he is on bail.
Release of applicant Akram on bail by furnishing a personal bond and two sureties in like amount to satisfy the court.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9331 of 2023
Applicant :- Akram Opposite Party :- State of U.P. Counsel for Applicant :- Abhishe Pandey,Praveen Singh 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 Abhishek Pandey, learned counsel for the applicant and Sri Jhamman Ram, learned AGA, for the State.
The instant bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No.113 of 2022, under Section 2/3 U.P.Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station Rohata, District Meerut during pendency of the trial.
Applicant was made accused in the present case on the basis of solitary case shown against him in the gang chart.
Learned counsel for the applicant submitted that on the basis of solitary case 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 the case shown in the gang chart, he has already been released on bail.
He further submitted that apart from the solitary case shown in the gang chart, applicant is having criminal history of ten other cases to his credit and in all the ten cases he is on bail and he has explained his criminal history in paragraph-8 to the affidavit filed in support of the present bail application. He further submitted that applicant in the present matter is in jail since 15.1.2023.
Per contra, learned AGA although opposed the prayer for bail but could not dispute the arguments on facts advanced by the 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 solitary case applicant has been made accused in the present matter and in the solitary case shown in the gang chart he has been released on bail and apart from the case shown in the gang chart, applicant is having criminal history of ten other cases and in all the ten cases he is on bail and his criminal history has been explained in paragraph-8 to the affidavit filed in support of the present bail application. Applicant in the present matter is in jail since 15.1.2023.
Therefore, in view of the discussions made above, in my view, applicant is entitled to be released 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- Akram 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 antisocial 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 :- 7.4.2023 SKM
Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail given his criminal history and detention since 15.1.2023.
1 provisions across 1 enactments
Akram
State of U.P.
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
