Court No. - 70

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2099 of

2022

Applicant :- Haleem Alias Baba Alias Chunnu

Opposite Party :- State of U.P.

Counsel for Applicant :- Anil Kumar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble J.J. Munir,J.

This is an application for bail on behalf of the applicant,

Haleem Alias Baba Alias Chunnu in connection with

Case Crime No. 580 of 2021 under Section 2/3(1) of the

Uttar Pradesh Gangsters and Anti-Social Activities

(Prevention) Act, 1986, Police Station Handia, District

Prayagraj.

Heard Mr. Anil Kumar Mishra, learned Counsel for the

applicant and Mr. Dinesh Kumar. Srivastava, learned

A.G.A. appearing for the State.

The contention of the learned counsel for the applicant is

that he has been implicated in the present crime on account

of his involvement in Crime No. 85 of 2021 under Section

3/5A/8 of U.P. Prevention of Cow Slaughter Act, P.S.

Handia, District Prayagraj without any consideration of

evidence by the police to the effect whether the applicant

is a member of a criminal gang or its leader. It is submitted

that in fact there is no evidence on record to indicate that

the applicant is a member of a criminal gang or its leader.

It is further argued that the applicant has been admitted to

bail in the substantive offence. Learned counsel for the

applicant has invited the attention of the Court to the bail

order passed in the substantive offence, a copy of which is

annexed as Annexure no. 3 to the affidavit filed in support

of this bail application. It is argued that the applicant is in

jail since 10.10.2021.

Learned AGA has opposed the prayer for bail.

Considering the overall facts and circumstances of the

case, the gravity of the offence, the nature of allegations,

the severity of punishment, and, in particular, the fact that

the applicant has been enlarged on bail in the substantive

offence, the fact that prima facie there is no evidnece on

record to show that the applicant is a member of a criminal

gang or its leader, but without expressing any opinion on

merits, this Court finds it to be a fit case for bail.

The bail application, accordingly, stands allowed.

Let the applicant, Haleem Alias Baba Alias Chunnu

involved in Case Crime No. 580 of 2021 under Section

2/3(1) of the Uttar Pradesh Gangsters and Anti-Social

Activities (Prevention) Act, 1986, Police Station Handia,

District Prayagraj be released on bail on executing his

personal bond and furnishing two sureties each in the like

amount to the satisfaction of the Court concerned with the

following conditions:

i) The applicant shall not tamper with the prosecution

evidence.

ii) The applicant shall not threaten or harass the

prosecution witnesses.

iii) The applicant shall appear on the date fixed by the

Trial Court.

iv) The applicant shall not commit an offence similar to

the offence of which the applicant is accused, or suspected

of the commission.

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 such person

from disclosing facts to the Court or to any police officer

or tamper with the evidence.

In case of default of any of the conditions enumerated

above, the prosecution would be free to move an

application for cancellation of bail before this Court.

It is clarified that anything said in this order is limited to

the purpose of determination of this bail application and

will in no way be construed as an expression of opinion on

the merits of the case. It is further clarified that the trial

court shall be absolutely free to arrive at its independent

conclusion on the basis of evidence led unaffected by

anything said in this order.

Order Date :- 4.2.2022

Deepak