Allowed

Salman v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Allahabad HC5 Feb 2024/943/2024

Case brief

AI extract

What is this about?

The Allahabad High Court allowed criminal miscellaneous bail application filed by Salman, who is involved in offenses under the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 and had been in custody since September 2022.

What did the court decide?

Release on bail subject to personal bond, two sureties, and strict conditions including affidavit undertaking under Section 19(4) of the U.P. Gangster Act.

Salman Vs State of U.P. Thru. Prin. Secy. Home Deptt… — Property and Title | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:10614

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Court No. - 14

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 943 of 2024

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Applicant :- Salman Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.

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Counsel for Applicant :- Mohd. Salman,Ana Fatma,Mukhtar Ahamad

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Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J .

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Supplementary affidavit filed by learned counsel for the applicant is taken on record.

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Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

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Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in two cases mentioned in the gang chart. In both cases mentioned in the gang chart, he has been released on bail. The bail orders are on record as Annexure No. 3 to the bail application as well as SA-1 to the Supplementary Affidavit. Apart from the cases mentioned in the gang chart, there are seven other cases pending against the accused-applicant which has been explained by him in para 4 of the supplementary affidavit.

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It has been further submitted that the applicant is in jail since 26.09.2022 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will cooperate in speedy trial of the case.

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Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant.

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On due consideration to the fact that in the cases mentioned in the gang chart, he has been enlarged on bail; he has explained his criminal history in para 4 of supplementary affidavit, coupled with the fact that the applicant is languishing in jail since 26.09.2022 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

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Accordingly, the bail application is allowed.

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Let the applicant, Salman, involved in Case Crime/FIR No. 05/2023, under Sections 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Ajgain, District - Unnao, 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 which are being imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not pressurize/ intimidate the prosecution witness.

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(iii) 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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(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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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(v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.

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(vi) 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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(vii) 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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Order Date :- 5.2.2024 R.C.

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Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench

Salman v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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Salman v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko.

Case brief

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What did the court decide?

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