Tahir Ali @ Bablu Vs State of Up .Thru. Addl. Chief Secy. Deptt. of. Home

Neutral Citation No. - 2024:AHC-LKO:52732

Court No. - 32

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8308 of 2024

Applicant :- Tahir Ali @ Bablu Opposite Party :- State Of Up .Thru. Addl. Chief Secy. Deptt. Of. Home Counsel for Applicant :- Arti Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Brij Raj Singh,J.

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1. Case has been taken through video conferencing

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2 . Heard learned counsel for the applicant and learned A.G.A. for the State.

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3. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in FIR/Case Crime No.113 of 2023 under Sections 2b(XVII)/3 U.P.Gangsters & Anti Social Activities ( Prevention Act) 1986 Police Station Musafirkhana, District Amethi.

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4. It has been submitted by learned counsel for the applicant that the identical role assigned to co-accused Akhtar Ali and Riyaz Ahmad have been granted bail by coordinate Bench this Court vide orders dated 18.09.2023 and 15.09.2023 passed in Criminal Misc. Bail Application No.11055 of 2023 and 11032 of 2023 respectively. He also submitted that the applicant has also explained the criminal history in paras 6 and 7 to the application for bail satisfactorily The applicant is in jail since 16.04.2023.

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5. Learned A.G.A. though opposed the prayer for bail but could not dispute the fact that co accused Akhtar Ali and Riyaz Ahmad have been granted bail by this Court .

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6. Without expressing any opinion on the merits of the case and after hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that the coaccused Akhtar Ali and Riyaz Ahmad having similar role has already granted bail by this Court, therefore, I am of the opinion that the applicant is entitled to be released on bail on the ground of parity.

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7. The bail application of the applicant is allowed .

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8. Let applicant, namely, Tahir Ali @ Bablu , be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the

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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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(ii) 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 of the Indian Penal Code.

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(iii) 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. is issued and the 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 of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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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It is made clear that the observations made in this order are limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything in this order.

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(Brij Raj Singh, J.)

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Order Date :- 1.8.2024 dk/

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

Tahir Ali @ Bablu v. State of Up .Thru. Addl. Chief Secy. Deptt. of. Home

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Tahir Ali @ Bablu v. State of Up .Thru. Addl. Chief Secy. Deptt. of. Home

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