Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No.132 of 2020, under Sections 2/3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Nawabganj, District Pratapgarh, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant is that the applicant is an innocent person, he has been falsely implicated in the case and is in jail since 08.09.2020.
It is further submitted on behalf of the applicant that earlier the applicant was implicated in four other cases. He further submitted that in three cases i.e. 1) Case Crime No.261 of 2018, under Sections 3/5/8 Prevention of Cow Slaughter Act, P.S. Nawabganj, District Pratapgarh; 2) Case Crime No.262 of 2018, under Sections 4/25 Arms Act, P.S. Nawabganj, District Pratapgarh; 3) Case Crime No.06 of 2020, under Sections 3/25 Arms Act, P.S. Nawabganj, District Pratapgarh, the applicant is on bail and in the fourth case i.e. Case Crime No.74 of 2020, under Sections 3/5/8 Prevention of Cow Slaughter Act & Section 4/25 Arms Act, P.S. Nawabganj, District Pratapgarh, the applicant in on interim bail. He further submitted that only one case has been shown in the gang chart against the applicant and in the said case, applicant is on interim bail. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail, but has fairly conceded that in the case mentioned in the gang chart, applicant is on interim bail.
Considering the rival submissions of learned counsel for parties, material available on record as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant - Rais Ahamd - be released on bail in aforesaid Case Crime, on his furnishing personal bond to the satisfaction of the court concerned forthwith. Applicant is also directed to furnish two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(5) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(6) 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.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 11.1.2021 S. Shivhare