Naseem Ahmad vs State Of U.P.
2021 Latest Caselaw 7831 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6719 of 2021
 

 
Applicant :- Naseem Ahmad
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Rupendra Kumar Mishra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. This Court is convened through video conferencing.

2. Learned counsel for the applicant has not responded to the video link sent to him. Learned A.G.A. appeared.

3. On earlier dates also no one has responded on behalf of the applicant.

4. The applicant has approached this Court by way of filing the present Criminal Misc. Bail Application seeking enlargement on bail in Case Crime No.0290 of 2019, under Sections 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Majhola, District-Moradabad after rejection of his Bail Application vide order dated 17.4.2019, passed by learned Special Judge (Gangster Act)/ Additional District and Sessions Judge, Court No.5, Moradabad.

5. Learned A.G.A. submits that the applicant has a vast criminal history and has 18 cases in his credit. The applicant has not disclosed his entire criminal history in the affidavit filed in support of the bail application. The applicant has concealed the material fact. There is no averment in the application in regard to the compliance of preconditions prescribed under Section 19 (4) of Gangsters Act.

6.Considering the conduct of the applicant that he has not approached this Court with clean hands as well as the preconditions of bail under the Gangsters Act are not present and further taking note of the judgment passed by this Court in Criminal Misc. Bail Application No.18588 of 2021 in the case of (Sabir Khan Vs. State of U.P.), no case of bail is made out.

7. Accordingly, this bail application is rejected.

Order Date:-12.7.2021

SB