Allahabad High Court
Banti vs State Of U.P. on 18 March, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10744 of 2020 Applicant :- Banti Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A. Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant Banti in Case Crime No.322 of 2017, under Section 2/3, U.P. Gangster & Prevention of Anti Social Activities Act, 1986, Police Station Mirapur, District Muzaffar Nagar.
Heard Sri Mohammad Faisal Khan, learned counsel for the applicant and Sri Vinod Kant, learned Additional Advocate General, assisted by Sri Indrajeet Singh Yadav, learned AGA appearing on behalf of the State.
The submission of learned counsel for the applicant is that he has been implicated in the present crime on account of his involvement in Case Crime No.134 of 2019, under Sections 147, 148, 149, 307, 504, 332, 353, 420, 467, 468, 471 IPC, Police Station Mirapur, District Muzaffar Nagar and Case Crime No.135 of 2019, under Sections 272, 273, 259, IPC and Section 60/72 Excise Act, Police Station Mirapur, District Muzaffar Nagar without any consideration by the police of evidence that may show whether the applicant is a member or the leader of a criminal gang. It is argued that there is no evidence on record to show that the applicant is in fact, a member or the leader of a criminal gang. It is submitted further that in the substantive offences, the applicant has been admitted to bail vide order dated 16.05.2019 passed by the learned Additional Sessions Judge, Court No.1, Muzaffar Nagar in Bail Application No.1669 of 2019 and by this Court vide order dated 01.07.2019, passed in Criminal Misc. Bail Application No.25913 of 2019. It is urged that the applicant is in jail since 16.01.2020.
Sri Vinod Kant, learned Additional Advocate General, assisted by Sri Indrajeet Singh Yadav, learned AGA has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the applicant has been enlarged on bail in the substantive offences, the fact that prima facie there is no evidence to show that the applicant is a leader or member of any gang, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant Banti in Case Crime No.322 of 2017, under Section 2/3, U.P. Gangster & Prevention of Anti Social Activities Act, 1986, Police Station Mirapur, District Muzaffar Nagar, be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 18.3.2020 NSC