Allowed

Mohd. Shaheem @ Kasim v. State of U.P. Thru. Prin. Secy. Home Lucknow

Allahabad HC28 Aug 2024/5310/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed the bail application of the applicant charged under the Gangsters Act. The court dispensed with expressing an opinion on merits and ordered release subject to personal bond, sureties, and specific conditions regarding tampering and future conduct.

What did the court decide?

Release on bail conditioned upon furnishing personal bond and two sureties with undertakings against tampering and future crimes.

Mohd. Shaheem @ Kasim Vs State of U.P. Thru. Prin. Secy… — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:58531

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Court No. - 31

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5310 of 2024

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Applicant :- Mohd. Shaheem @ Kasim Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lucknow Counsel for Applicant :- Anil Kumar Pandey,Farooq Ayoob,Mohd. Islam Khan Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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The instant bail application is being heard through video conferencing.

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Heard Sri Anil Kumar Pandey, learned counsel for the applicant as well as Sri Nikhil Kumar Singh, learned AGA for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No. 119 of 2022, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station - Zaidpur, District - Barabanki, during the pendency of trial.

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It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of one criminal case shown in the gang chart in which he has already been enlarged on bail by the court concerned. Criminal history of 11 more cases assigned to the applicant has been explained in the affidavit. He has been falsely implicated in the present case due to police rivalry. He is not a member of any gang. The applicant is not a previous convict. The applicant is languishing in jail since 27.02.2023 and in case, he is enlarged on bail, he will not misuse the liberty of bail and shall cooperate with trial.

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Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant on the ground that the applicant has been convicted in one of the cases although he could not dispute the fact that he has been enlarged on bail in the said case also.

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Without expressing any opinion on the merits, the bail application is allowed . Let the applicant Mohd. Shaheem @

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Kasim, involved in aforesaid crime 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 with the following conditions that :-

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i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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

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iii. 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. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Order Date:- 28.8.2024 Siddhant

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(Justice Krishan Pahal)

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Digitally signed by :- SIDDHANT SAHU High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Shaheem @ Kasim v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

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Mohd. Shaheem @ Kasim v. State of U.P. Thru. Prin. Secy. Home Lucknow

Case brief

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What did the court decide?

What the court decided

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