Asif v. State of U.P

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6007 of 2021 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Mubin Ahmad,Shiv Pratap Singh,Sonu Gupta,Syed Mohammad Abid,Zia Ur Rehman Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record. Learned 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. In both cases mentioned in the gang chart, he has been released on bail. The bail orders are on record as Annexure Nos.SA1 and SA2 to the supplementary affidavit. Apart from the cases mentioned in the gang chart, applicant has a criminal history of one more case in which also he has been granted bail, the bail order is on record as Annexure No.SA3 to the supplementary affidavit. Except these cases, there is no other case pending against the accused applicant. He submits that co-accused Saleem and Arif have been granted bail by Co-ordinate Benches of this Corut vide orders dated

08.04.2021 & 13.05.2021 passed in Bail Nos.4194/2021 & 4715/2021 respectively. Applicant seeks parity with the bail orders of aforesaid co-accused persons. It has been further submitted that applicant is in jail since

16.09.2020 and if facility of bail is granted, there is no apprehension that he will flee from the judicial process and he will abide by the orders passed by the Court below and will co-operate in speedy trial of the case. Learned A.G.A. has opposed the prayer for bail but has not disputed the factual submissions made by the learned counsel for the accused-applicant. Considering the facts and circumstances of the case, and also considering the nature of allegations, arguments advanced by learned counsel for the parties and the fact that applicant has been enlarged on bail in two cases shown in the gang chart as well as in one another case so also the fact that applicant seeks parity with the bail orders of aforesaid co-accused persons, there is no other criminal history of applicant; applicant is in jail since 16.09.2020 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant, Asif involved in Case Crime No. 02 of 2021, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station -Imaliya Sultanpur District -Sitapur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize/ intimidate the prosecution witness.

(iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(v) The applicant shall submit an undertaking on affidavit in terms of Section 19 (4) of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case for or misuse the liberty of bail.

(vi) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(vii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code. Order Date :- 18.12.2024 Saurabh Yadav/- High Court of Judicature at Allahabad, Lucknow Bench