Mabood Vs State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko

Neutral Citation No. - 2024:AHC-LKO:84627

Court No. - 27

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13012 of 2024

Applicant :- Mabood Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko Counsel for Applicant :- Ravi Prakash Yadav Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Learned A.G.A. informs that he has procured complete instructions in the matter including upto date case diary.

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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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This bail application has been moved on behalf of the applicant/ Mabood for grant of bail in Case Crime No.0155 of 2023, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Hasanganj, District Unnao, during the pendency of trial.

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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 the two cases mentioned in the gang chart and he has not committed any offence as claimed by the prosecution.

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It is further submitted that in the two cases mentioned in the gang chart the applicant has been released on bail by the trial court, copies of which have been placed on record as Annexure Nos. 3 and 4 to the affidavit filed in support of the bail application and apart from the above mentioned cases, the applicant is not involved in any other criminal case. It is further submitted that co-accused, namely, Deenu and Tufail have already been enlarged on bail by this court vide orders dated 22.09.2023 and 15.02.2024 passed in Criminal Misc. Bail Application Nos. 11399 of 2023 and 1708 of 2024, copies of which have been placed on record as Annexure Nos. 5 and 6 to the affidavit filed in support of the bail application.

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It is also submitted that the applicant is in jail in this matter since 05.11.2024 and only on the basis of two criminal cases the provisions of Gangster Act have been invoked against the

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applicant and the material which has been made the basis of lodging the first information report in this case is not sufficient enough to raise a presumption that the applicant is either guilty of the offences mentioned in the gang chart or may commit the same offences again if the facility of bail is granted to him.

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Learned A.G.A. opposes the prayer for bail of the applicant, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

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Having heard learned counsel for the parties and having perused the record, it is evident that the provisions of Gangsters Act have been invoked against the applicant on the basis of two criminal cases mentioned in the gang chart, however, in the two cases mentioned in the gang chart he has been released on bail by trial court and apart from the above mentioned cases, the applicant is not involved in any other criminal case. Coaccused, namely, Deenu and Tufail have already been enlarged on bail by this court. The applicant is in jail in this case since 05.11.2024. Nothing has been brought on record, which may suggest that the facility of bail granted by trial court pertaining to the offences mentioned in the gang chart has been challenged at any higher forum or has been cancelled by the same court. The presence of the applicant could be secured before the trial court by placing adequate conditions/restrictions.

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Having regard to the overall facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed .

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Let the applicant/ Mabood in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

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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.

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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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Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression of this Court on the merits of the case.

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Order Date :- 17.12.2024 MVS/-

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Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench

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

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

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