Allahabad High Court
Mohammad Moin Qureshi vs State Of U.P. on 12 September, 2022
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34746 of 2022 Applicant :- Mohammad Moin Qureshi Opposite Party :- State of U.P. Counsel for Applicant :- Nasira Adil,Sadrul Islam Jafri Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
Heard Sri Bilal Hasan, Advocate, holding brief of Nasira Adil, learned counsel appearing on behalf of the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant Mohammad Moin Qureshi with a prayer to release him on bail in Case Crime No.206 of 2022, under Section 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Bilaspur, District Rampur, during pendency of the trial.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in two criminal cases in which he has already been enlarged on bail, bail orders have been annexed as Annexures 3 & 4 to the affidavit. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 29.12.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and larger mandate of the Article 21 of the Constitution of India, Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Mohammad Moin Qureshi, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
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. 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.9.2022/SKD