Allowed¶14

Faiz v. State of U.P.

Allahabad HC5 Apr 2025BAIL/9476/2025

Case brief

AI extract

What is this about?

Bail allowed under S. 483 BNSS read with S. 19(4) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986; Case Crime No. 001 of 2025, P.S. Delhi Gate, District Aligarh; applicant Faiz; custody since 08.01.2025; gang-chart showed three cases with bail; State pointed to no other case; personal bond with two sureties and conditions; no opinion on merits; Neutral Citation 2025:AHC:48488; decided 5.4.2025.

What did the court decide?

Bail granted to applicant Faiz in Case Crime No. 001 of 2025 (Sections 2/3, U.P. Gangsters Act, P.S. Delhi Gate, District Aligarh) on furnishing a personal bond and two reliable sureties of the like amount, subject to the enumerated conditions. ¶14

Faiz 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 Faiz should be released on bail in Case Crime No. 001 of 2025 under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, during pendency of trial.

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Court's answer

On consideration of the totality of facts, the nature and evidence on record, and the provision of Section 19(4) of the Gangsters Act, and since the State pointed to no case against the applicant other than those disclosed, the court found the applicant a fit case for bail without expressing any opinion on merits.

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Ratio / Principle

Applicant Faiz directed to be released on bail on furnishing a personal bond and two reliable sureties of the like amount, subject to conditions (no inducement/tampering, no intimidation of witnesses, presence at charge-framing and statement-recording, undertaking against adjournments, presence on dates fixed); 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 bail determination 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¶21

Detailed headnote1 paragraphs

Allahabad High Court (Ashutosh Srivastava, J.; Order Date 5.4.2025) allowed a bail application under Section 483 BNSS in Case Crime No. 001 of 2025 under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Delhi Gate, District Aligarh. Considering the totality of facts, the record evidence, Section 19(4) of the Act, and the absence of any additional case pointed out by the State, the applicant Faiz — in custody since 08.01.2025, with a gang-chart showing three cases in which he was already on bail — was held a fit case for bail without expression on merits. Bail was granted on a personal bond with two reliable sureties, subject to conditions against tampering, intimidation of witnesses and seeking adjournments, with presence required at trial stages; breach to be ground for cancellation. Observations were expressly confined to the bail determination.

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Neutral Citation No. - 2025:AHC:48488

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9476 of 2025

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Applicant :- Faiz Opposite Party :- State of U.P. Counsel for Applicant :- Wahid Jamal Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Supplementary affidavit filed today is taken on record.

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Heard Shri Wahid Jamal learned counsel for the applicant and Shri Anil Kumar Singh, learned A.G.A. and perused the record of the case.

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The present bail application under 483 B.N.S.S. has been filed on behalf of applicant Faiz with a prayer to release him on bail in Case Crime No. 001 of 2025, under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station-Delhi Gate, District-Aligarh, 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, three criminal cases has been mentioned in which the applicant is on bail. Criminal history of five cases has been explained in paragraph no. 2 of the supplementary affidavit.

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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 case. 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 08.01.2025, 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

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applicant except the cases shown by learned counsel for the 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, Faiz 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.

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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 :- 5.4.2025 Deepak/

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Digitally signed by :- DEEPAK KUMAR KUSHWAHA High Court of Judicature at Allahabad

Faiz v. State of U.P.

Case brief

What is this about?

What did the court decide?

Faiz v. State of U.P.

Case brief

What is this about?

What did the court decide?

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What the court decided

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