Allahabad High Court
Aslam vs State Of U.P. on 2 December, 2022
Bench: Shiv Shanker Prasad
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53877 of 2022
Applicant :- Aslam
Opposite Party :- State of U.P.
Counsel for Applicant :- Virendra Kumar Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Heard 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- Aslam for grant of bail, in Case Crime No. 01 of 2020 and G.S.T. No.825 of 2020, under Section 2/3 of Uttar Pradesh Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station Kagrol, District Agra, during trial.
As per the F.I.R. allegation applicant is a member of a gang whose gang leader is Iklakh and they commit heinous offences so like rape with poor women and escapes from the grip of the police. They are habitual offender. There is fear and terror in the area of ??the accused, due to which no one complaint against them in the police station and does not testify them in the court. The gang chart approved by the District Magistrate, Agra was filed for the action of the accused under the Gangster Act.
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 two cases mentioned F.I.R.. However, in Case Crime No. 15 of 2019 the applicant has been acquitted by the court below vide order dated 04.06.2022 passed in S.T. No. 395 of 2019 and in the second case the applicant has been enlarged on bail by the court below and copies of the judgment and orders are annexed as Annexure No.2 to the affidavit filed in support of the bail application. It is next submitted that applicant is languishing in jail since 08.01.2020 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., however, opposes the prayer for bail of the applicant but could not confront the submissions made by learned counsel for the applicant.
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 the applicant- Aslam involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. 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.
Order Date :- 2.12.2022
Abhishek Singh
