The Allahabad High Court has allowed the bail application of one Mohammad Saim accused under the Gangster Act registered at Mughalpura police station in Moradabad.
A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Mohd Saim.
By means of the application under Section 439 of Cr.P.C, applicant Mohd Saim, who is involved in Case under Section 3(1) U.P Gangster and Anti Social Activities (Prevention) Act, 1986, police station Mughalpura, district Moradabad, seeks enlargement on bail during the pendency of trial.
It is argued by the counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of two criminal cases shown in the gang chart being Case under Section 5/25 Arms Act, Police Station Mugalpura, District Moradabad and Case under Sections 307/34 IPC, Police Station Mugalpura, District Moradabad, in which he has already been enlarged on bail by the court concerned vide order dated 06.06.2022 and by the Coordinate Bench of the Court vide order dated 20.07.2022.
It is also pointed out that apart from the aforesaid two cases shown in the gang chart, the applicant is also involved in one another case being Case under Section 3/25 Arms Act, Police Station Mughalpura, District Moradabad, in which he has been granted bail vide order dated 13.06.2022 by the court concerned. The applicant has been falsely implicated in the case due to police rivalry and he is not a member of any gang. The applicant has been languishing in jail since 26.05.2023 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra, A.G.A for the State opposed the prayer for bail of the applicant but does not dispute the above factual aspect of the matter as argued on behalf of the applicant.
“Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the counsel for the parties, the Court is of the opinion that the applicant has made out a case for bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant Mohd Saim, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:-
(i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable.
(ii) That 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(iii) That after his release, the applicant shall not be involved in any criminal activity.
(iv) The identity, status and residential proof of sureties will be verified by the court concerned. In case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail.