Allowed

Isahaq v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC16 Apr 2024/6759/2023

Case brief

AI extract

What is this about?

This High Court ordered the release on bail of the applicant accused under the U.P. Gangsters and Anti Social Activities (Prevention) Act. The Court found that conditions for Section 19(4) were met and the applicant was not guilty, despite opposing submissions regarding the nature of the offence.

What did the court decide?

Released on bail by furnishing personal bond and two reliable sureties of like amount, subject to stringent conditions.

Isahaq Vs State of U.P. Thru. Prin. Secy. Home Lko. — Bail and Remand | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:30285

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Court No. - 8

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6759 of 2023

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Applicant :- Isahaq Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Rizwanul Haque Ansari Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State of U.P. and perused the record.

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The present bail application has been filed on behalf of the applicant with the prayer to enlarge him on bail in Case Crime No. 761 of 2022 under Sections 2(b)(i), 3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station - Dhaurahra, District - Lakhimpur Kheri.

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Learned counsel for the applicant submits that the applicant is an innocent person and has been falsely implicated in the case and he is in jail since 27.09.2022. He further submits that earlier the applicant was implicated in 20 cases prior to 2014 and in all the cases, he has been acquitted. He further submits that in the gang chart, description of 02 cases has been shown against the applicant and in the said cases, applicant is on bail. He further submits that he will not involve in any illegal activities in the future. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that in the cases mentioned in the gang chart, applicant is on bail.

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Considering the rival submissions of learned counsel for parties, material available on record, contents of F.I.R., other relevant documents, nature of offence, gang chart and bail orders of the applicant in the cases mentioned in the gang chart, this Court finds that condition of Section 19(4) of the Gangster Act are properly complied with, the applicant is not guilty of such offence, therefore, he is entitled to be released on bail.

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Let applicant - Isahaq be released on bail in aforesaid Case Crime, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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(ii) 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 officer or tamper with the evidence.

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(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in Court. In case of default of this condition, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(iv) The applicant shall remain present before the Trial Court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the Trial Court may proceed against him under Section 229-A IPC.

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(v) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C., may be issued and if applicant fails to appear before the Court on the date fixed in such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with law, under Section 174-A IPC.

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(vi) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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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 :- 16.4.2024 Arpan

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

Isahaq v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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Isahaq v. State of U.P. Thru. Prin. Secy. Home Lko.

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