The Allahabad High Court has granted bail to Mohd Abdul Samad @ Saddam, the brother-in-law of former MLA Ashraf, the brother of slain mafia don Atique Ahmed.
A Single Bench of Justice Raj Beer Singh passed this order while hearing a Criminal Misc Bail Application filed by Mohd Abdul Samad @ Saddam.
The bail application has been filed by the applicant in Case under Sections 147, 384, 506, 201, 120-B, 195-A/34 IPC, Section – 42- B of Jail Act, Section – 8/13 of Prevention of Corruption Act and Section 7 of Criminal Law Amendment Act, Police Station Bithari Chainpur, District Bareilly with the prayer to enlarge the applicant on bail.
The first information report of the case was lodged by the In-charge of Police Post-New Jail, Bareilly on 07.03.2023 against Ashraf, Saddam, Lalla Gaddi, Dayaram @ Nanhey, Shivhari Awasthi and associates of Ashraf and some unknown officials / employees of the Central Jail.
Ashraf is the brother of notorious gangster Atique Ahmed and he was lodged in Central Jail-2, District Bareilly.
It was alleged that an information was received that Constable Shivhari Awasthi with the help of Saddam, Lalla Gaddi and jail officials, had been indulging in arranging meetings of visitors with Ashraf in jail in an illegal manner and that 6-7 persons have met Ashraf on a single ID.
The said meetings (commonly termed as ‘Milai’) were held after prescribed time and against the provisions of Jail manual.
Various serious cases are pending in different courts against Ashraf and he used to hatch conspiracy to kill police and prosecution officers and to threaten the witnesses in order to turn them hostile. Ashraf, along with other persons, indulges in extending threats and demanding ransom etc. He used to make phone calls and after that the call detail history used to be deleted.
The jail officials/employees are providing several facilities to Ashraf by obtaining presents and illegal gratification. Food and other items were being provided to Ashraf from the jail canteen, which is being run by Dayaram @ Nanhey, in connivance of jail officials.
Due to these activities, the possibility of commission of some heinous offence cannot be ruled out. On the basis of these allegations, the first information report was registered under Section – 147, 384, 506, 201, 120-B, 195-A, 34 IPC, Section – 42-B/54 of Prisons Act, Section 7/8/13 of Prevention of Corruption Act and Section 7 of Criminal Law Amendment Act.
It has been argued by the counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. Applicant has been charge-sheeted in this case on the basis of statements of police officials. All officials have made similar statements. Applicant was roped in the case merely on the ground of some telephonic conversation.
During investigation, the investigating officer obtained a call detail record of the mobile number of applicant, wherein it was shown that applicant has made several telephonic calls to co-accused persons but mere making telephonic calls to co-accused persons would not constitute any criminal offence.
The alleged incident has been shown of the jail and there are many CCTVs at the jail and thus, it could not be believed that the applicant might have indulged in arranging illegal meetings or providing any help to Ashraf. Applicant has been falsely implicated in the case merely because he is a relative of said Ashraf.
Lastly, it was stated that the applicant is languishing in jail since 28.08.2023 and the trial of the case would take a sufficiently long time.
Manish Goyal, Additional Advocate General has vehemently opposed the prayer for bail and submitted that due to seriousness of the offence, the Deputy Inspector General of Police / Senior Superintendent of Police, Bareilly has constituted a Special Investigating Team (SIT) to investigate this case and that in the alleged incident applicant was actively involved.
“In the matter, the essence of prosecution version is that one Ashraf, having long criminal history, was lodged in Central Jail, Bareilly and that applicant and co-accused persons have indulged in arranging illegal meetings in connivance with jail officials and they held several meetings with Ashraf in jail and said Ashraf was provided undue facilities. For that purpose the applicant has taken a mansion on rent at Bareilly by using forged documents and that transactions of money have taken place in order to facilitate meetings and activities of said Ashraf. It was stated that Ashraf has already passed away. Mainly the case of prosecution is based on telephonic call details. The investigation is complete and a charge-sheet has been submitted in court.
Similarly placed co-accused Lalla Gaddi @ Mohammad Raza and other co-accused persons have already been granted bail. Criminal history of the applicant has been explained. Applicant has been in jail since 28.02.2023 and thus, he has already undergone detention of more than 15 months and it appears that trial of the case would take a sufficient long time.
Considering submissions of the counsel for the parties, nature of accusations, ingredients of the offences alleged vis-a-vis the evidence collected and all attending facts of the matter, without expressing any opinion on merits, a case for grant of bail is made out,” the Court observed.
The Court ordered that,
Let the applicant Mohd Abdul Samad @ Saddam involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of court concerned subject to the following conditions :-
(i) The applicant will not tamper with the evidence during trial.
(ii) The applicant will not pressurize/intimidate the prosecution witnesses.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant will not try to contact, threaten or otherwise influence the complainant or any of the witnesses of the case.
In case of breach of any of the above conditions, the court concerned shall be at liberty to cancel the bail of the applicant, in accordance with law.