Allahabad High Court
Imran vs State Of U.P. on 6 October, 2020
Author: Gautam Chowdhary
Bench: Gautam Chowdhary
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 91 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28611 of 2020 Applicant :- Imran Opposite Party :- State of U.P. Counsel for Applicant :- Hitesh Pachori,Gopal Swarup Chaturvedi(Senior Adv.) Counsel for Opposite Party :- G.A. Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant, Imran, with a prayer to release him on bail in Case Crime No. 03 of 2020, under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Mantola, District- Agra, during pendency of trial.
The submission advanced by learned counsel for the applicant is that in four cases which have been made the basis to impose the provisions of Gangster Act against the applicant, he has been granted bail in Case Crime No. 85/2019, u/s 3/4 Gambling Act, acquitted in Case Crime Nos. 109 of 2012, u/s 147, 148, 452/149, 302/149 I.P.C. and 175 of 2007, u/s 323, 504, 506 I.P.C., all registered at P.S. Mantola, Distt. Agra. However, one criminal appeal against Case Crime No. 150 of 2012, u/s 25 Arms Act, is pending before this Court. Submission is that the applicant is not a gangster and has never acted or conducted himself as such. It is further submitted that the Lower Court rejected the bail application of the applicant on account of previous criminal history of 12 cases, other than the cases shown in the gang chart, which has been clearly explained in Para-9 of the affidavit. It is further contended by the learned counsel for the applicant that co-accused Babbi Chaudhary, Samshuddin @ Chillu, Ikbal @ Petu and Farid Pahalwan have already been granted bail by this Court. The bail orders have been annexed as Annexure No. 5 to the application. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the Court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. The applicant is languishing in jail since 27.7.2020.
Learned AGA for the State has vehemently opposed the prayer for bail.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant, involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his/her bail shall be effective after the period of short-term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.10.2020 Vandana