Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23424 of 2021 Applicant :- Naseem @ Gajra Opposite Party :- State of U.P.
Counsel for Applicant :- Shahabuddin,Syed Faiz Hasnain,Syed Mohammad Nawaz Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard Shri Syed Faiz Hasnain, 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.123 of 2021, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-Bhojpur, District-Moradabad, 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 only one criminal case mentioned in gang chart, and the applicant has been granted bail in that case.
During course of submissions, learned A.G.A. has pointed out that the applicant has got criminal antecedents of nine cases, though none of these case finds reference in the gang chart. This by itself is in the stark contradiction of my judgment in the case of Nishant @ Nishu vs State of U.P. in Criminal Misc. Bail Application No.14323 of 2021 decided on 19.3.2021. Since the gang chart was prepared in the month of March, 2021, therefore, a concession is granted to the prosecution.
Learned counsel for the applicant further submits that all the cases, alleged to have been shown against the applicant, are of same nature relating to offence u/s 3/5 of Cow Slaughter Act and he is on bail in all nine cases, as such, the applicant should be released on bail. The applicant is in jail since 05.4.2021.
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 Naseem @ Gajra 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. 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 11:28:11 IST Reason: Document Owner Location: High Court of Judicature at Allahabad