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Allahabad High Court grants bail to man accused under Gangster Act

The Allahabad High Court has granted bail to Imtiyaz Ahmad Alias Imteyaz, accused under the Gangster Act of Azamgarh district.

A Single Bench of Justice JJ Munir passed this order while hearing a Criminal Misc Bail Application filed by Imtiyaz Ahmad Alias Imteyaz.

This is an application for bail on behalf of the applicant, Imtiyaz Ahmad alias Imteyaz in connection with Case under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Jeanpur, District Azamgarh.

The submission of the Counsel for the applicant is that the applicant has been implicated in the case on account of his involvement in the two base offences, detailed in the gang chart without there being anything to show that he is either a member or the leader of the gang.

It is next argued that the applicant has been admitted to bail in the base cases by the Court.

It is further pointed out that the applicant has been languishing in jail since 20.04.2024.

AGA has opposed the prayer for bail.

“Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that prima facie there is nothing to show that the applicant is either a member or the leader of a gang, the fact that the applicant is enjoying bail in both the base offences, the Court finds it to be a fit case for bail,” the Court observed while allowing the bail application.

The Court ordered that,

Let the applicant, Imtiyaz Ahmad alias Imteyaz in connection with Case under Section 3(1) of the Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station Jeanpur, District Azamgarh, 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 regularly and without fail.

(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 prosecution would be free to move an application for cancellation of bail before the Court.

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