The Allahabad High Court has rejected the bail application of Fahad alias Wasiurrahman, an active member of Bahubali Atiq Ahmed Mafia Syndicate.
A Single Bench of Justice Piyush Agrawal passed this order while hearing a Criminal Misc bail Application filed by Fahad @ Wasiurrahman.
The bail application has been filed on behalf of the applicant in Case under sections 147, 148, 149, 323, 504, 506, 307, 308, 386 & 427 IPC, Police Station – Kareli, District – Prayagraj.
Senior Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the crime.
He further submitted that the applicant is having no concern with the entire episode as neither he is nominated by the informant as a named accused nor any specific role for causing injury has been assigned to him. He has been nominated as an accused during the course of the investigation in the alleged crime. The first informant did not receive any injury.
It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 01.01.2022 and the possibility of conclusion of trial in near future is very bleak. He prays that the applicant is entitled to enlarge on bail.
Rebutting the submissions of the counsel for the applicant, the Additional Advocate General submitted that the FIR was lodged on the basis of correct facts and allegations, i.e, the manner in which the crime was committed. The informant on 31.12.2021 at 03.45 hours was at his house with his family, when Ali Ahmad son of Ateeq Ahmad (dreaded criminal, Bahubali and mafia don of Prayagraj having more than 80 criminal history to his credit), along with accused – applicant and around 20 other co-accused persons, arrived in three vehicle and surrounded the informant.
The car was driven by Ali Ahmad son of Ateeq Ahmed and other accused persons came. Ali Ahmad put a pistol on forehead of the informant and asked to talk with his father, Ateeq Ahmad, and when the informant refused to talk to him, then the accused – applicant and other accused persons threatened the informant to kill him and his family, and demanded extortion money of Rs 5 crores or execute a sale deed of his valuable land situated in Enuddinpur in favour of wife of Ateeq Ahmad. On his refusal, the accused – applicant and other accused assaulted the informant and his family members by butt of a rifle, pistol and country-made pistol. The informant and other family members had suffered several injuries on head, hand, legs, stomach, etc, who were sent to the Hospital immediately. The injury report of the injured persons fully corroborates with the version of the prosecution. The statement of the Doctor also demonstrates the intention of the accused – applicant and other co-accused persons. The Office of the Informant was also demolished using Nate’s JCB.
It is further submitted on behalf of the State and the counsel for the informant that the present indictment is based on investigation statement of the informant and the statement of the witnesses, statement of the accused, inspection of place of incident, medical report, C.T Scan, CDR, videos available and based on the statement of informant under section 164 CrPC, on perusal of which the offence is clearly made out against the accused – applicant. There is cogent evidence against the applicant and other co-accused persons.
It is further submitted that the accused – applicant is an active member of Bahubali/mafia syndicate run by Ateeq Ahmad, who has more than 95 criminal history to his credit. It is further submitted that the applicant is a habitual offender having 9 criminal history. The criminal history of the accused applicant is emerging after releasing him on bail.
He further submitted that there is every likelihood that after release on bail in the present case, the accused – applicant will again indulge in heinous crime as has been done in the earlier occasions.
“After hearing counsel for the parties and from the perusal of the record, it transpires that the applicant is a habitual criminal and is an active member of a mafia syndicate, as stated above. Apart from this, the applicant has a detailed criminal history of 9 cases to his credit. The applicant is named in the FIR along with other co-accused persons. Therefore, there is no reasonable basis for the Court to resolve that the applicant is not likely to commit further offence while on bail.
In view of the facts and circumstances of the case and having regard to the nature and gravity of the offence, no case for bail is made out”, the Court observed while allowing the bail application.