Islam @ Munna Vs State of U.P. Thru. Secy. Home Civil Sectt. Lko — Allahabad HC (2024) — LawSathi Research

Islam @ Munna Vs State of U.P. Thru. Secy. Home Civil Sectt. Lko — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Islam @ Munna to be released on bail in Case Crime/FIR No. 331 of 2018, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Tandiyawan, District Hardoi, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (attendance at hearings; no similar offence; no inducement, threat or promise to witnesses or tampering with evidence).

Issue for consideration

Whether the applicant Islam @ Munna is entitled to bail in Case Crime/FIR No. 331 of 2018 under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Tandiyawan, District Hardoi, given that he is already on bail in the cases shown in the gang chart.

Court's answer

Since the applicant has already been enlarged on bail in the cases shown in the gang chart, the applicant is entitled to bail and the bail application is allowed.

Ratio / Principle

The applicant Islam @ Munna is to be released on bail in Case Crime/FIR No. 331 of 2018 on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Key takeaways

Bail is subject to conditions: the applicant shall attend hearings, shall not commit any offence similar to that of which he is accused or suspected, and shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts or tamper with the evidence.ratio¶16

Detailed headnote1 paragraphs

Bail — U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Sections 2/3 — Case Crime/FIR No. 331 of 2018, P.S. Tandiyawan, District Hardoi — applicant already enlarged on bail in the case shown in the gang chart and in other cases not shown in the gang chart — in custody since 11.12.2023 — A.G.A. opposed bail — Held, applicant entitled to bail; application allowed; applicant to be released on personal bond with two sureties each in the like amount, subject to conditions of attending hearings, not committing any similar offence, and not inducing, threatening or tampering with witnesses or evidence. (Pankaj Bhatia, J.; Allahabad High Court, Lucknow Bench; Order dated 4.1.2024)

Neutral Citation No. - 2024:AHC-LKO:1060

Court No. - 12

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16 of 2024

Applicant :- Islam @ Munna Opposite Party :- State Of U.P. Thru. Secy. Home Civil Sectt. Lko

Counsel for Applicant :- Akhtar Husain Counsel for Opposite Party :- G.A.

Hon'ble Pankaj Bhatia,J.

Heard learned Counsel for the applicant as well as learned A.G.A. and perused the record. .

Submission of Counsel for the applicant is that the applicant is on bail in the one case shown in the gang chart. He further submits that the applicant is also on bail in other cases not shown in the gang chart. The applicant is in custody since 11.12.2023.

Per contra, learned A.G.A. has opposed the bail prayer of the applicant.

Considering the submissions made by learned counsel for the parties and and keeping in view the fact that the applicant has already been enlarged on bail in the cases shown in the gang chart, I am of view that the applicant is entitled for bail. Thus, the present application is allowed.

Let the applicant Islam @ Munna be released on bail in Case Crime/ FIR No.331 of 2018, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Tandiyawan, District Hardoi, on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence

similar to the offence of which he is accused or suspected of the commission;

and

(c) The applicant shall not directly or indirectly make any 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 to any police ofÏcer or tamper with the evidence.

Order Date :- 4.1.2024 Arun

Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench