Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4210 of 2023

Applicant :- Mohammad Azeem

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

Counsel for Applicant :- Zeeshan Alvi,Huzoor Alam Alvi

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant, learned A.G.A for the

State of U.P. and perused the record.

The present bail application has been filed on behalf of the

applicant in Case Crime/FIR No.0097 of 2022, under Section 2

(B) (i)/3 U.P. Gangster and Anti Social Activities (Prevention)

Act, 1986, Police Station-Sadatganj, District-Lucknow, with the

prayer to enlarge him on bail.

The submission of learned counsel for the applicant is that the

applicant is an innocent person and has been falsely implicated

in the case and in jail since 27.05.2022. It is further submitted

on behalf of applicant that four cases have been shown in the

gang chart and in all the cases applicant is on bail. In these

circumstances, the applicant is entitled for bail. In case of being

enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for grant of bail, but

has fairly conceded that in four cases mentioned in the gang

chart, applicant is on bail.

Considering the rival submissions of learned counsel for

parties, material available on record as well as totality of fact

and circumstances, this Court finds that condition of Section 19

(4) of the Act are properly complied with and at this stage, he is

not guilty of such offence, therefore, applicant is entitled to be

released on bail.

Let the applicant-Mohammad Azeem, who is involved in

aforementioned case crime be released on bail on his furnishing

a personal bond and two sureties each in the like amount to the

satisfaction of the court concerned subject to following

conditions.

(i) The applicant shall not commit or participate in any offence

similar to the offence of which he is accused, or suspected, of

the commission of which he is suspected.

(ii) 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.

(iii) The applicant shall file an undertaking to the effect that he

shall not seek any adjournment on the date fixed for evidence

when the witnesses are present in Court. In case of default of

this condition, it shall be open for the Trial Court to treat it as

abuse of liberty of bail and pass orders in accordance with law.

(iv) The applicant shall remain present before the Trial Court on

each date fixed, either personally or through his counsel. In case

of his absence, without sufficient cause, the Trial Court may

proceed against him under Section 229-A IPC.

(v) In case, the applicant misuses the liberty of bail during trial

and in order to secure his presence proclamation under Section

82 Cr.P.C., may be issued and if applicant fails to appear before

the Court on the date fixed in such proclamation, then, the Trial

Court shall initiate proceedings against him, in accordance with

law, under Section 174-A IPC.

(vi) The applicant shall remain present, in person, before the

Trial Court on dates fixed for (1) opening of the case, (2)

framing of charge and (3) recording of statement under Section

313 Cr.P.C. If in the opinion of the Trial Court absence of the

applicant is deliberate or without sufficient cause, then it shall

be open for the Trial Court to treat such default as abuse of

liberty of bail and proceed against him in accordance with law.

In case of breach of any of the above conditions, it shall be a

ground for cancellation of bail.

Order Date :- 28.3.2023

Amit/-

Digitally signed by :-

AMIT KUMAR

High Court of Judicature at Allahabad,

Lucknow Bench