Shanu Quraisi v. State of U.P. Thru. Prin.Secy. Home Deptt

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11545 of 2023 Applicant :- Shanu Quraisi Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Deptt. Counsel for Applicant :- Abhay Raj Singh Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶2This bail application has been moved on behalf of the applicant/Shanu Quraisi for grant of bail, in Case Crime No. 411 of 2019, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 Police Station Ram Nagar, District Barabanki, during pendency of trial.

¶3Learned 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 three criminal cases mentioned in the gang chart. However, in all these three criminal cases mentioned in the gang chart, he has been released on bail by co-ordinate Benches of this Court as well as by this Court and copies of the bail orders with regard to these three criminal cases have been placed at Annexure No. 4 to this bail application.

¶4It is further submitted that apart from the above mentioned three criminal cases, the applicant is having criminal history of four cases and in these cases also he has been granted bail by co-ordinate Benches of this Court and copies of the same has been placed on record at Annexure No.5 to the bail application as well as to the supplementary affidavit of date 25.09.2023. Co-accused person of the crime, namely, Manish Singh has already been released on bail by a co-ordinate Bench of this Court, vide order dated 04.12.2021 passed in Criminal Misc. Bail Application No. 13200 of 2021.

¶5It is also submitted that the applicant is in jail in this matter since 06.06.2019 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.

¶6Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

¶7Having heard learned counsel for the parties and having perused the record, it is transpired from the record that applicant is involved in three criminal cases mentioned in the gang chart. However, in these three cases the applicant has been released on bail by co-ordinate Benches of this Court. Apart from the above-mentioned three criminal cases, applicant is also involved in four other criminal cases and in these cases also he has been granted bail by co-ordinate Benches of this Court. Co-accused person of the crime, namely, Manish Singh has already been released on bail by a co-ordinate Bench of this Court. Apart from the above-mentioned criminal cases applicant is not involved in any other criminal case. Applicant is in jail in this matter since 06.06.2019 and the presence of the applicant 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 of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

¶9Let the applicant/Shanu Quraisi 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.

¶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 applicant and sureties be verified by the Court concerned before the bonds are accepted.

¶12Observations 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 :- 7.12.2023 Praveen High Court of Judicature at Allahabad, Lucknow Bench