Sahnawaj Bihari @ Sahnawaz Anzar v. State of U.P. Thru. Prin. Secy. at Home Civil Sectt. Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15368 of 2023 Applicant :- Sahnawaj Bihari @ Sahnawaz Anzar Opposite Party :- State Of U.P. Thru. Prin. Secy. At Home Civil Sectt. Lko. Counsel for Applicant :- Rahul Kumar Singh,Manish Kumar Gond 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 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 by the accused/applicant-Sahnawaj Bihari @ Sahnawaz Anzar for grant of bail, in case Crime No. 282 of 2020, under Section 2/3 of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Ganga Ghat, District Unnao, during trial.

¶4Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case as well as in the three cases mentioned in the gang chart, however, in the cases mentioned in the gang chart he has been granted facility of bail by a Coordinate Bench of this Court and by the trial courts and copies of bail orders pertaining to these three cases are placed on record as Annexures No. 3 to the bail application.

¶5It is further submitted that apart from the above mentioned three cases the applicant is also shown involved in other four criminal cases and in these four cases, he had been granted bail in one case i.e, in case crime no. 325 of 2019 and the copy of this bail order is placed on record at Annexure no. 4 to the bail application and it is submitted that in other three cases, final report has been submitted which has been adequately explained in paragraph no. 6 of the bail application and copies of these reports are also placed on record at Annexure no. 4. Apart from the above mentioned cases, the applicant is not involved in any other case.

¶6It is further submitted that identically placed co-accused person, namely, Vikas Dixit has been granted bail by a Coordinate Bench of this Court, vide order dated 16.7.2022 passed in Crl. Misc. Bail Application No. 7829 of 2022. The copy of this bail order is placed on record as Annexure no. 5 to the bail application. The applicant is in jail in this case since

23.06.2020 and there is no apprehension that the accused-applicant 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 applicant is either guilty of the offences mentioned in the gang chart or may commit the same offences again as described in the gang chart.

¶7Learned A.G.A. on the other hand submits that the applicant is accused of committing heinous offence and therefore, he is not entitled to be released on bail.

¶8Having heard learned counsel for the parties and having perused the record, it is transpired from the record that the applicant has been involved in this case on the basis of three criminal cases mentioned in the gang chart and in these cases he has been granted bail by a a Coordinate Bench of this Court and by the trial courts. Apart from these three cases the applicant is shown involved in other four criminal cases and in all these four cases, in one such case has had been granted bail by a trial court and in other three cases, final report has been submitted, copies of which are placed on record. Identically placed co-accused person, namely, Vikas Dixit has been granted bail by a Coordinate Bench of this Court. The applicant is in jail in this case since 23.06.2020. His presence 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 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.

¶10Let applicant-Sahnawaj Bihari @ Sahnawaz Anzar 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 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 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 :- 22.12.2023 Muk High Court of Judicature at Allahabad, Lucknow Bench