Israr Alias Kallu v. State of U.P. Thru. Prin. Secy. (Home), Lucknow

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12769 of 2023 Applicant :- Israr Alias Kallu Opposite Party :- State Of U.P. Thru. Prin. Secy. (Home), Lucknow Counsel for Applicant :- Naveen Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Learned A.G.A. informs that he has procured complete instruction in the matter including up-to-date case diary.

¶2Heard Shri Naveen Kumar Pandey, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶3This bail application has been moved on behalf of the applicant/Israr Alias Kallu for grant of bail, in Case Crime No. 02 of 2023, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 Police Station Itiyathok, District Gonda, during pendency of trial.

¶4Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the single case mentioned in the gang chart. However, in the single case mentioned in the gang chart, the applicant has been granted bail by this Court, vide order dated 09.10.2023 passed in Criminal Misc. Bail Application No. 4624 of 2023, a copy of which has been placed at Page No. 22 of this bail application.

¶5It is further submitted that apart from the aforementioned single criminal case, applicant is having criminal history of one case and in that case he has been acquitted by the trial Court and copy of that bail order has been placed at Annexure No.4 to the bail application.

¶6It is further submitted that identically placed co-accused persons, namely Sarwar Ali @ Badlu and Najeer Ahmad have been granted bail by this Court as well as by a co-ordinate Bench of this Court and copy of these bail orders pertaining to the co-accused have been placed on record. Applicant is in jail in this matter since 16.07.2022 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart.

¶7Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

¶8Having heard learned counsel for the parties and having perused the record, it is transpired from the record that applicant is involved in the single case mentioned in the gang chart. However, in the single case mentioned in the gang chart, applicant has been released on bail by this Court. Apart from the above-mentioned case, applicant is also involved in one other case, however, in that case he has been acquitted by the trial Court. Identically placed co-accused persons, namely Sarwar Ali @ Badlu and Najeer Ahmad have been granted bail by this Court as well as by a co-ordinate Bench of this Court. Applicant is in jail in this matter since 16.07.2022 and the presence of the applicant may be secured before the trial court by placing adequate conditions.

¶9Keeping 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 of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

¶10Let the applicant/Israr @ Kallu involved in above-mentioned case, be released on bail on his 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.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

¶13Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case. Order Date :- 31.10.2023 Praveen High Court of Judicature at Allahabad, Lucknow Bench