Intizaar v. State of U.P. Thru. Prin.Secy. Home

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13759 of 2023 Applicant :- Intizaar Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Counsel for Applicant :- Rehan Ahmad Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Counter affidavit filed by the State today is taken on record.

¶2Heard 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-Intizaar for grant of bail, in Case Crime No. 342 of 2018, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Tambour, District-Sitapur, 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 two cases mentioned in the gang chart. However, in all these cases mentioned in the gang chart, he has been released on bail and the bail order with regard to one of these cases has been placed as Annexure No.3, however, with regard to the second case, a questionnaire has been placed as Annexure No.4 to this bail application.

¶5He further submits that apart from these two cases, criminal history of eight more cases has been alleged against the applicant, however, the same has been explained in Para 7 of the bail application and except one which is pertaining to the Goondas Act, which has lost its efficacy having regard to the efflux of time, in other cases, the applicant has been granted bail.

¶6It is further submitted that identically placed co-accused persons, namely, Razi and Rukhsar have already been granted bail by Coordinate Bench as well as by this Court vide order dated 01.11.2023 and 09.11.2023 respectively passed in Criminal Misc. Bail Applications No.12834 of 2023 and 13478 of 2023 respectively.

¶6It is also submitted that the applicant is in jail since

04.06.2022 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 evident that the provisions of Gangsters Act has been invoked against the applicant on the basis of two cases mentioned in the gang chart, however, in all the cases mentioned in the gang chart he has been released on bail by trial court. Apart from the above mentioned two cases, the complicity of the applicant is stated to be shown in eight other criminal cases, which is explained in para 7 of the bail application. Identically placed co-accused persons, namely, Razi and Rukhsar have already been granted bail. The applicant is in jail since 04.06.2022. Nothing has been brought on record, which may suggest that the facility of bail granted by trial court pertaining to the offences mentioned in the gang chart has been challenged at any higher forum or has been cancelled by any superior court. The presence of the applicant could be secured before the trial court by placing adequate conditions/ restrictions.

¶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-Intizaar 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 :- 11.12.2023 Gurpreet Singh High Court of Judicature at Allahabad, Lucknow Bench