Murad Ali v. State of U.P. Thru. Prin. Secy. Home, Deptt. Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15263 of 2023 Applicant :- Murad Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home, Deptt. Lko. Counsel for Applicant :- Rahul Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

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

¶2Heard Shri Rahul Srivastava, 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/Murad Ali for grant of bail, in Case Crime No. 492 of 2023, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Akbapur, District Ambedkar Nagar, 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 both the cases which have been made the basis of invoking provisions of the Gangster Act, the applicant has been released on bail by the trial Court and copy of the bail orders with regard to these two cases have been placed at Annexure No. 3 and 4 to the bail application.

¶5It is further submitted that apart from the above mentioned two criminal cases, the applicant is not involved in any other criminal case. Applicant is in jail in this matter since

30.09.2023 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 two criminal cases mentioned in the gang chart. However, in both cases the applicant has been released on bail by the trial Courts. Apart from the above-mentioned two criminal cases, applicant is not involved in any other criminal case. Applicant is in jail in this matter since

30.09.2023 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/Murad Ali 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 :- 22.12.2023 Praveen High Court of Judicature at Allahabad, Lucknow Bench