Allahabad High Court
Rameez vs State Of U.P. Thru. Principal Secretary ... on 25 August, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 11 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9348 of 2022 Applicant :- Rameez Opposite Party :- State Of U.P. Thru. Principal Secretary Home Lko. Counsel for Applicant :- Vivek Pandey,Brij Mohan Sahai,Imran Asim Khan Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Learned AGA informs that he has procured complete instructions in the matter including up to date case diary.
Heard Sri B.M. Sahai, learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of the accused-applicant/Rameez for grant of bail, in Case Crime No. 54 of 2022, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Tulsipur, District Balrampur, during pendency of trial.
Learned counsel for applicant submits that the applicant has been falsely implicated in this case as well as in the three cases mentioned in the gang chart on the basis of which the provisions of Gangsters Act has been invoked against the applicant.
To elaborate his submissions further learned counsel for the applicant further submits that in all the three cases on the basis of which the provisions of Gangsters Act were invoked against the applicant, he has been granted bail by competent criminal courts and the bail orders pertaining to these cases (mentioned in the gang chart) have been placed at page No. 25 and 26 of the bail application as well as Annexure No. S.A.-1 of the supplementary affidavit dated 1.8.2022.
It is further submitted that apart from the above mentioned three cases mentioned in the gang chart the applicant is shown to have criminal history of one more case, however, in that case also the applicant has been granted bail by the competent criminal court i.e. Sessions Court/Additional District & Sessions Judge, Balrampur and the copy of that bail order has also been placed as Annexure No.3 (page no.20) of the bail application. While referring to the orders whereby the bail has been granted to the applicant in the cases mentioned in the gang chart it is vehemently submitted that the provisions of the Gangsters Act has been invoked against the applicant while he was detained in prison and the invocation of the Gangsters Act was only for the purpose of denying the liberty which was granted by the judicial orders whereby the facility of bail was granted to the applicant and the intention of the State is to keep the applicant in jail for a long time despite he has been directed to be released on bail in all the predicate offences.
It is also submitted that the averments of the FIR on the basis of which the instant case has been registered do not disclose any new material and simply on the basis of the criminal history of the applicant the provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act has been invoked which is against the letter and spirit of Gangsters Act. It is also submitted that the applicant is in jail in this case since 10.1.2022 and there is no apprehension that after being released on bail he may flee from the course of law or may otherwise misuse the liberty, as after considering the rival submissions the competent criminal courts have granted facility of bail to the applicant and material which is being placed against the applicant is not sufficient enough to raise a presumption that applicant is guilty of offences mentioned in the gang chart or he may commit the same offence again.
Learned AGA on the other hand submits that the applicant is an accused of committing heinous offence and therefore, the provisions of Gangsters Act has been rightly invoked against the applicant.
Having heard learned counsel for parties, having perused the record, it is transpired from the record that on the basis of three criminal cases namely Case Crime No.2/2022, under Sections 302, 120B I.P.C., Police Station Tulsipur, Case Crime No.93/2021, under Sections 147,149, 332, 353, 504, 506, 393, 307, 427/435 I.P.C. and Section 7 Crl. Law Amendment Act, Police Station Tulsipur and Case Crime No. 94/2021, under Sections 147, 149, 435, 427, 323, 504, 506 I.P.C., pertaining to the same Police Station Tulsipur the provision of U.P. Gangsters and Anti Social Activities (Prevention) Act were invoked against applicant. However, the applicant has been released on bail by competent criminal courts in all these three cases. Perusal of these bail orders would reveal that the applicant has been granted facility of bail after considering the submissions made by learned counsels for applicant as well as of the State. One more case has been shown as the criminal history of the applicant however, the applicant has also been granted bail in that case and a copy of bail order pertaining to that case has also been placed on record by the applicant as annexure No.3 to the bail application and the authenticity of the same has not been doubted by the State. Thus in the case which is shown as the criminal history of the applicant he has also been granted bail by the competent criminal court. The submission of learned counsel for applicant is that despite he has been granted bail by the competent criminal courts including this Court and when he was about to be released from prison, in order to deny the facility of these bail orders the provisions of Gangsters Act have been invoked against the the applicant and that too when the applicant was still detained in jail. It is also his submission that without making any further enquiry simply on the basis of the past criminal history of the applicant the provisions of Gangsters Act has been invoked which is against the letter and spirit of the U.P. Gangsters and Anti Social Activities (Prevention) Act.
Having regard to all the submissions made by learned counsel for the applicant and keeping in view all the fact and circumstances and the observations of the court made while releasing the applicant on bail in cases mentioned in gang chart this Court is not in doubt that the provisions of the Gangsters Act has been invoked against the the applicant when he was granted bail in all the the predicate offences/cases and was detained in prison. The submissions of learned counsel for applicant are that the provisions of U.P. Gangsters and Anti Social Activities (Prevention) Act has been invoked against the applicant only for the purpose of denying the fruits of the bail orders by which the applicant was directed to be released on bail. It is further apprehended by him that if applicant is granted facility of bail in this case, a new false criminal case will be lodged against applicant only on the basis of political enmity.
In view of the above without commenting on merits and demerits of the case, I am of the considered view that as the applicant has been granted bail in all the cases shown in the gang chart, it could not be presumed that he is guilty of the offences mentioned therein and suitable condition may be imposed on him to rule out the possibility of commission of same offence by him while on bail. Thus applicant has made out a case for bail. The bail application of the applicant is accordingly, allowed.
Let the accused-applicant/Rameez involved in 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Observations 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 :- 25.8.2022 Md Faisal