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Allahabad High Court · body

2023 DIGILAW 625 (ALL)

Javed v. State of U. P.

2023-03-02

AJAY BHANOT

body2023
JUDGMENT : 1. By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.32 of 2023 at Police Station-Simbhawali, District-Hapur under Sections 2/3 of Gangsters Act. The applicant is in jail since 25.01.2023. 2. The bail application of the applicant was rejected by the learned trial court on 16.02.2023. 3. The following arguments made by Shri Dilip Kumar Verma, learned counsel holding brief of Shri Alok Kumar Singh, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Markandey Singh, learned AGA from the record, entitle the applicant for grant of bail : (1) The applicant has been falsely implicated in this case only to burnish the credentials of the police authorities. (2) The applicant has been enlarged on bail in the two criminal cases depicted in the gang chart. (3) He is not a member of any criminal gang. (4) The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in one case only to show the proficiency of the police investigators. The said case does not have any bearing on the instant bail application. (5) The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or re-offending. 4. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed. 5. Let the applicant-Javed 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 below. The following conditions be imposed in the interest of justice:- (i) The applicant will not tamper with the evidence or influence any witness during the trial. (ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.