Shahwej and Another Vs State of U.P.

Neutral Citation No. - 2025:AHC:80434

Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2728 of 2025

Applicant :- Shahwej And Another Opposite Party :- State of U.P. Counsel for Applicant :- Md. Ateef,Mohd. Arshad Counsel for Opposite Party :- G.A.

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Hon'ble Dr. Gautam Chowdhary,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.

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The present bail application has been filed on behalf of the applicants-Shahwej and Suhail, with a prayer to enlarge them on bail in Case Crime No. 284 of 2024, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kharkhoda, District- Meerut, during pendency of trial.

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The main submissions advanced on behalf of accused is that as per the gang chart only one case which has been made the basis to impose the provisions of Gangsters Act against the accused, in which they have already been granted bail. Submission is that the applicants are not gangsters and have never acted or conducted themselves as such. Further submission is that as the applicants have already been enlarged on bail in the case on the basis of which the provisions of the Act were imposed, it shall not be much justified to continue the incarceration of the applicant. Submission is also that the applicants are not guilty of having committed any offence under the Gangster Act. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. It has also been submitted that the applicants in jail since 21.11.2024 and 19.11.2024.

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Learned A.G.A. for the State has opposed the prayer for bail.

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After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence and also the absence of any convincing material to indicate the possibility of tampering with the evidence, without expressing any opinion on

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merits of the case, this Court is of the view, that the applicants are entitled to be enlarged on bail.

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Let applicants- Shahwej and Suhail , involved in the above mentioned crime be enlarged on bail on furnishing a personal bond each and two heavy local sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-

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(i) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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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(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicants misuse the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicants 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.

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(v) 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 applicants and sureties be verified by the court concerned before the bonds are accepted.

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The bail application is allowed.

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Order Date :- 15.5.2025 Mustaqeem.

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Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad

Shahwej and Another v. State of U.P.

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