Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43884 of 2021 Applicant :- Nadeem Opposite Party :- State Of U.P Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is facing prosecution in Case Crime No.40 of 2021, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-Bhojpur, District-Ghaziabad, is seeking enlargement on bail during the trial.
Learned counsel for the applicant submitted that the applicant has been implicated in the present case on the basis of his involvement in three other criminal cases mentioned in gang chart, copy whereof has been annexed as Annexure-2 to the affidavit accompanying this bail application. He next submitted that the applicant has been granted bail in all the three criminal cases also shown against him in the gang chart. Copies of the bail orders have been collectively annexed as Annexure-3 to the affidavit accompanying this application. The applicant is in jail since 18.12.2020, hence the applicant is entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A. However he does not dispute the fact that the applicant has been granted bail in all the three cases mentioned against him in the gang chart.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Nadeem be released on bail on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned in aforesaid case crime, subject to the following conditions:-
(a). The applicant shall attend the court according to the conditions of the bond executed by him.
(b). The applicant shall give a written undertaking to the court concerned after release that he would present in the concerned Police Station on the last Sunday of every month during 10.00 to 12.00 Noon during entire period of his trial in the instant case. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
(c) 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.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 27.10.2021 M. Kumar Digitally signed by RAHUL CHATURVEDI Date: 2021.10.28 11:28:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad