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Judgment
Mohd. Faiz Alam Khan, J
Heard Shri Rizwanul Haque Ansari, the learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant- Sharif for grant of bail, in case Crime No. 145 of 2022, under Section 2/3 of Uttar Pradesh Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station Haidrabad, District Lakhimpur Kheri, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in the two cases mentioned in the gang chart. However, in both these cases mentioned in the gang chart, the applicant has been released on bail by the subordinate courts and copies of bail orders pertaining to these cases are placed on record.
It is further submitted that apart from the above two cases mentioned in the gang chart, the criminal history of six cases has been shown against the applicant, however, in these cases also the applicant has been granted bail by the competent criminal courts and copies of bail orders of these cases are placed on record.
It is further submitted that all the offences alleged against the applicant are triable by the Magistrate and he has been granted bail in all these cases as also there is no material or evidence collected by the informant before lodging first information report which may raise a presumption pertaining to the earning of money by the applicant by committing such offences.
It is next submitted that the applicant is in jail in this case since 8.5.2022 and there is no apprehension that the accused-applicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.
Learned A.G.A., on the other hand submits that the applicant is accused of committing heinous offence and therefore he is not entitled to be released on bail.
Having heard learned counsel for the parties and having perused the record, it is evident that the provisions of Gangster Act has been invoked against the applicant on the basis of two criminal cases, however, in these cases he has been granted bail by the competent criminal courts. The criminal history of other six cases against the applicant, in which he has been granted bail, are triable by the Magistrate. The applicant is in jail in this case since 8.5.2022. The presence of the applicant could be secured before the trial court by placing adequate conditions.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.
Let applicant- Sharif involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.