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Muin Alias Chand v. State of U.P.

Allahabad HC4 Mar 2025BAIL/7796/2025

Case brief

AI extract

What is this about?

Gangsters Act bail; S.483 BNSS 2023; S.19(4) U.P. Gangsters Act; clause (b) S.2 Gangsters Act; single case shown in gang-chart; applicant on bail in that case; custody since 8.12.2023; Case Crime No. 168 of 2023; P.S. Derapur, District Kanpur Dehat; bail allowed with conditions; no expression on merits; Section 313 Cr.P.C. appearance condition.

What did the court decide?

Bail granted to applicant Muin alias Chand in Case Crime No. 168 of 2023 (Sections 2/3, U.P. Gangsters Act, P.S. Derapur, District Kanpur Dehat) on furnishing a personal bond and two reliable sureties of the like amount, subject to conditions regarding non-tampering, non-intimidation of prosecution witnesses, presence before the trial court on specified dates (including statement under Section 313 Cr.P.C.) and an undertaking not to seek adjournments when witnesses are present.

Muin Alias Chand Vs State of U.P. — Bail and Remand | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether applicant Muin alias Chand should be released on bail in Case Crime No. 168 of 2023 under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, during pendency of the trial.

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Court's answer

Considering the totality of facts, the nature and evidence on record, and the provision of Section 19(4) of the Gangsters Act, and without expressing any opinion on merits, the Court found it a fit case for bail.

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Ratio / Principle

The applicant was directed to be released on bail in Case Crime No. 168 of 2023 on furnishing a personal bond and two reliable sureties of the like amount, subject to conditions including non-inducement or tampering with witnesses/evidence, presence before the trial court on dates fixed for opening of the case, framing of charge and recording of statement under Section 313 Cr.P.C., and an undertaking not to seek adjournments when witnesses are present; breach of conditions to be a ground for cancellation of bail.

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Key takeaways

Anything said in the order is limited to the purpose of determining the bail application and shall not be construed as an expression on the merits; the trial court remains free to arrive at independent conclusions on the evidence.obiter¶20

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.; Order dated 5.3.2025) allowed a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed by Muin alias Chand in Case Crime No. 168 of 2023 under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Derapur, District Kanpur Dehat. The gang-chart showed only one criminal case against the applicant, in which he was already on bail, and the State did not point out any other case against him. The applicant was in custody since 8.12.2023. Taking into account the totality of facts, the evidence on record and Section 19(4) of the Act, and expressly without expressing any opinion on merits, the Court held it a fit case for bail and directed release on a personal bond with two reliable sureties, subject to conditions (no inducement/tampering, no intimidation of prosecution witnesses, personal presence at opening of case, framing of charge and Section 313 Cr.P.C. statement, and an undertaking not to seek adjournments when witnesses are present); breach of conditions to be a ground for cancellation of bail. Observations were confined to the bail determination, leaving the trial court free to reach independent conclusions.

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Neutral Citation No. - 2025:AHC:31342

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7796 of 2025

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Applicant :- Muin Alias Chand Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard Shri Rajesh Dwivedi, learned counsel for the applicant, Shri Yagyavalk Pandey, learned AGA for the State-respondents and perused the record.

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The present bail application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of applicant Muin alias Chand, with a prayer to release him on bail in Case Crime No.168 of 2023, under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Derapur, District Kanpur Dehat, during pendency of the trial.

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It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. In gang-chart annexed as Annexure No. 1, only one criminal case has been shown and in which he is on bail. Except the gang charge there are criminal history of some more cases, which is clearly explained in para no. 7 of the bail application .

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It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. Applicant has no criminal history except the aforesaid cases. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 8.12.2023, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.

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Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but has not pointed out any other case against the applicant except the cases shown by learned counsel for the

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applicant.

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Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed .

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Let applicant, Muin alias Chand, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-

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(i) 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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(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.

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(iii) 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 of Cr.P.C.

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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 the trial court.

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(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.

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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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It is clarified that anything said in this order is 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 said in this order.

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Order Date :- 5.3.2025 VS

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Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad

Muin Alias Chand v. State of U.P.

Case brief

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Muin Alias Chand v. State of U.P.

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