Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39665 of 2021 Applicant :- Nazir Opposite Party :- State of U.P.
Counsel for Applicant :- Akhilesh Kumar Mishra,Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Nazir in Case Crime No. 549 of 2020, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Chandpur, District- Bijnor, with the prayer to enlarge him on bail during trial.
Learned counsel for the applicant has submitted that in the gang-chart name of the present applicant has been shown to be involved in three criminal cases i.e. Case Crime No.95 of 2020, Case Crime No.108 of 2020 and Case Crime No.110 of 2020, wherein he has already been enlarged on bail by this Court as well as by the lower court; copy of bail orders have been annexed as Annexure-3 to the affidavit filed in support of bail application. It is further submitted that except the aforesaid cases as shown in the gang chart, applicant is also wanted in another Case Crime No. 24 of 2020, under Sections 392, 411 I.P.C. wherein also he has been granted bail by the lower court vide order dated 18.06.2021. It is submitted that applicant has falsely been implicated under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 on the basis of forged and fictitious FIR for some ulterior motive. Neither the applicant is a member of any gang nor he is operating a gang and he has no concern with the commission of crime as mentioned in the FIR. Applicant is languishing in jail since 04.03.2020. It is next contended that other co-accused namely Hasan Abbas @ Hasan Abbas Malik and Abil Ali have already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 19.02.2021 and 08.01.2021 passed in Criminal Misc. Bail Application Nos. 11140 of 2021 and 48937 of 2020, respectively. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. Applicant undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
Per contra, learned A.G.A. has vehemently opposed the bail application and has submitted that innocence of applicant cannot be adjudicated at pre-trial stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in other case. In case, he is released on bail, he may misuse the liberty of bail.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
The bail application is allowed.
Let applicant- Nazir involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned subject to following conditions that:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
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 :- 20.12.2021 Vikas