Raja Alias Riyaz Uddin v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25354 of 2023 Applicant :- Raja Alias Riyaz Uddin Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri Rizwan Ullah Siddiqui, learned counsel for the applicant and Sri Suresh Bahadur Singh, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No.0677 of 2018, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Budana, District Muzaffar Nagar during pendency of the trial.

¶3Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Court vide order dated 23.01.2023 passed in Criminal Misc. Bail Application No. 46856 of 2022 and he is pressing the instant second bail application on the ground that applicant is in jail since 20.06.2022 i.e. for more then one year and there is no hope of early disposal of the trial.

¶4He further submits that on the basis of two cases, applicant was made accused in the present matter and in both the case he has been released on bail.

¶5Per contra, learned AGA opposed the prayer for bail and submits that apart from two cases shown in the gang chart, applicant is having criminal history of 15 cases, therefore, his first bail application was dismissed but he could not dispute the fact that applicant is in jail since 20.06.2022 i.e. for more than one year.

¶6I have heard learned counsel for the parties and perused the record of the case.

¶7Although, this is second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Court vide order dated 23.01.2023 and it reflects that he has been made accused under the provisions of Gangster Act on the basis of two cases but apart from two cases, he is having criminal history of 15 cases but in the present matter he is in jail since 20.06.2022 i.e. for more than one year.

¶8Therefore, considering the long incarceration of the applicant of more than one year, in my view, applicant is entitled to be released on bail.

¶9Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶10Let the applicant -Raja Alias Riyaz Uddin be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶11In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶12It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 17.10.2023 AK Pandey High Court of Judicature at Allahabad High Court of Judicature at Allahabad