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2024 DIGILAW 923 (ALL)

Raja Quraishi v. State of U. P.

2024-03-29

SAURABH SRIVASTAVA

body2024
JUDGMENT : SAURABH SRIVASTAVA, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 06 of 2024, under Sections-2/3 of U.P. Gangsters and Anti Social Activities (Prevention), Act, 1986, Police Station- Kotwali, District- Jhansi, during pendency of trial. 3. It is submitted by learned counsel for the applicant that there are two cases shown in the gang chart against applicant, in which case he is already on bail, the bail orders are collectively annexed as Annexure No. 4 to the affidavit. It is also submitted that apart from the gang chart, applicant has criminal history of one more case to his credit, the bail order of which is also annexed as Annexure No. 4 to the affidavit along with other bail orders. It is the submission of learned counsel for the applicant that applicant is neither the gang leader nor organizer nor member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. Applicant is languishing in jail since 29.02.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 4. Per contra, the learned A.G.A. has vehemently opposed the prayer for grant of bail but he could not dispute the aforesaid facts. 5. The applicant in the present case has been implicated on the basis of the criminal cases detailed in the gang chart. It is not in dispute by learned A.G.A. that the applicant has already been enlarged on bail in the criminal cases shown in the gang chart. Once the applicant has been enlarged on bail in previous criminal cases shown in the gang chart, which forms the foundation for lodging of the criminal cases under the Gangster Act, this Court see no valid ground to detain the applicant in custody. 6. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. 6. Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant-Raja Quraishi, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/intimidate the prosecution witness. (iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/or the applicant shall make himself available for interrogation by a police officer as and when required. (iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (vi) The applicant shall not leave India without the previous permission of the Court. (vii) In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing. 8. In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.