Najeer @ Fareed vs State Of U.P.
2017 Latest Caselaw 1625 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 52
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20017 of 2017
 

 
Applicant :- Najeer @ Fareed
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Sudhir Kumar Agarwal
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Vijay Lakshmi,J.

Heard learned counsel for the applicant, learned AGA and perused the record.

Learned counsel for the applicant has contended that the applicant is innocent and he has been falsely implicated in this case. It is further contended that the applicant is neither a gang leader nor a member of any gang. However, the police has falsely implicated him under the Gangsters Act. It is further contended that nine cases have been shown against the applicant in the gang chart and in all those cases he has been enlarged on bail. Copies of the bail orders have been annexed with the affidavit filed in support of the bail application. It is further contended that apart from the cases shown in the gang chart there is no other case pending against the applicant. It is lastly contended that applicant is languishing in jail since 19.11.2016. There is no likelihood of early disposal of the trial and the applicant undertakes that if released on bail, he will never misuse his liberty and will cooperate in trial.

Learned AGA has opposed the bail application but he could not point out any thing relevant to contradict the aforesaid submissions.

After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.

Let the applicant, Najeer alias Fareed, involved in Case Crime No. 529 of 2016, under sections 2/3 of the U.P. Gangsters Act, P.S. Chhapar, District Muzaffar Nagar, be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. 

In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.

Order Date :- 6.6.2017

Pcl