Jaleel @ Jalau and Another v. State of U.P. Thru. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12871 of 2023 Applicant :- Jaleel @ Jalau And Another Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Narendra Gupta Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Learned AGA informs that he has procured complete instructions in the matter including up to date case diary.

¶2Heard Shri Narendra Gupta, learned counsel for the accused/applicants as well as learned A.G.A. for the State and perused the record.

¶3This bail application has been moved by the accused/applicants-Jaleel @ Jalau and Gulfam @ Golu for grant of bail, in case Crime No. 01/2021, under Section 2/3 of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Sitapur, during trial.

¶4Learned counsel for the accused-applicants while pressing the bail application submits that the accused-applicants have falsely been implicated in the instant case as well as in the two cases mentioned in the gang chart on the basis of which provision of Gangsters Act has been invoked. However, in these two cases mentioned in the gang chart, the applicants have been granted bail by the trial courts and the copies of bail orders pertaining to these cases are placed on record at pages no. 31, 33, 35 and 37 of the paper book.

¶5It is further submitted that apart from the above two cases mentioned in the gang chart, the applicants are not involved in any other criminal case and they in this case, are detained in prison since 8.9.2023 and there is no apprehension that the accused-applicants after release on bail, may flee from the process of law or may otherwise misuse the liberty. Otherwise also the allegations levelled in the First Information Report of the instant case are not sufficient enough to attract a presumption that the applicants are either guilty of the offences mentioned in the gang chart or may commit the same offences again as described in the gang chart.

¶6Learned A.G.A. on the other hand submits that the applicants are accused of committing heinous offence and therefore, they are not entitled to be released on bail.

¶7Having heard learned counsel for the parties and having perused the record, it is transpired from the record that the applicants have been involved in this case on the basis of two criminal cases mentioned in the gang chart and in these cases the applicants have been granted facility of bail by the trial courts. Apart from these two cases mentioned in the gang chart the applicants are not involved in any other criminal case. The applicants are in jail in this case since 08.09.2023 and their presence may be secured before the trial court by placing adequate conditions.

¶8Keeping 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.

¶9Let applicants-Jaleel @ Jalau and Gulfam @ Golu involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.

(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶10In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶11Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.

¶12Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case. Order Date :- 1.11.2023 Muk High Court of Judicature at Allahabad, Lucknow Bench