Court No. - 18
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32370 of 2019 Applicant :- Hashim @ Aashim Opposite Party :- State Of U.P. Counsel for Applicant :- Vishal Jaiswal Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Hashim @ Aashim in connection with Case Crime No. 27 of 2019, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Swaroop Nagar, District Kanpur Nagar.
Heard Sri Vishal Jaiswal, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. appearing for the State.
The submission of the learned counsel for the applicant is that he has been falsely implicated in the present crime. It is argued that in the gang chart, he has been shown involved in a solitary case that is Case Crime No. 207/18 under Sections 376-D, 504, 120-B, 377, 313 I.P.C., P.S. Swaroop Nagar, District Kanpur Nagar. In the said case, the applicant has been admitted to bail vide order dated 3rd July, 2019 passed in Criminal Misc. Bail Application No. 26338 of 2019. It is further argued that the present case under the Gangsters Act has been registered against the applicant by the police on a bare reading of the FIR without anything more or any such act of omission noticed that may constitute an offence under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. It is further submitted that the applicant has no criminal history. It is argued that he is not even remotely the member of any gang and provisions of Section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 have been invoked against him in a cavalier fashion by the police on non application of mind, which the Superior Officials of the Police and the District Magistrate have rubber stamped, also without any application of mind. In addition, it is submitted by learned counsel for the applicant that co-accused, Bambam @ Subham Kashyap has been enlarged on bail by this Court vide order dated 19.08.2019 passed in Criminal Misc. Bail Application No. 32542 of 2019 and co-accused, Mufid has been admitted to the concession of bail vide order dated 20.08.2019 passed in Criminal Misc. Bail Application No. 32544 of 2019. The applicant claims the benefit of parity.
Sri Indrajeet Singh Yadav, learned A.G.A. has opposed the prayer for bail but does not dispute that the applicant has no criminal history and the factum of parity.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that the applicant is on bail in the solitary substantive offence registered against him, the fact that apart from the FIR registered against him there is no such fact, evidence or other material on the basis of which the provisions of the Gangsters Act under Section 3(1) may be attracted, the fact that the applicant has no criminal history, the fact that co-accused similarly circumstanced numbering two, have been granted bail by this Court, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Hashim @ Aashim involved in Case Crime No. 27 of 2019, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Swaroop Nagar, District Kanpur Nagar be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
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. It is further clarified that 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.
Order Date :- 22.8.2019 BKM/-