The Allahabad High Court grants conditional bail to Sharzeel Raja @ Atif Raja, brother-in-law of Bahubali Mukhtar Ansari, in the Gangsters Act registered in Ghazipur Kotwali.
A Single Bench of Justice Saurabh Srivastava passed this order while hearing a Criminal Misc Bail Application filed by Sharzeel Raja @ Atif Raja.
The bail application under Section 439 Cr.P.C has been filed with the prayer to enlarge the applicant on bail in Case under Section 3(1) of the Uttar Pradesh Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Ghazipur during the pendency of the trial.
Counsel for the applicant submitted that according to the gang chart, three cases are shown against the applicant and in the said cases the applicant has been enlarged on bail.
It is next contended that apart from the cases mentioned in the gang chart, the applicant is involved in six other cases and in all the cases, applicant has been enlarged on bail. In the said cases also he has been granted bail.
He further submitted that in the F.I.R, in issue, the allegations with regard to disturbing the public order, as also regarding gaining undue temporal, pecuniary, material or other advantage of like nature, against the applicant are vague. In absence of allegation concerning an act or omission on the part of an accused, covered by the definition of terms “gang” and “gangster” as provided under Section 2 of the Gangsters Act, no F.I.R is maintainable.
In the case, the F.I.R is based upon the pending criminal cases and not upon any new allegations or discovery of facts having serious reflection on the society, for which purpose the Gangsters Act was enacted.
It is next submitted that the provisions of the Gangsters Act could not be used as a weapon to wreak vengeance or harass or intimidate citizens or to settle scores on political or other fronts.
It is also submitted that considering the facts of the case, as stated above, there are reasonable grounds for believing that the applicant is not guilty of the offence under the Gangsters Act and that he would not commit the offence while on bail nor would try to tamper the evidence or influence the witnesses in any manner whatsoever it may be. The applicant is in jail since 02.06.2023.
The Additional Advocate General while vehemently opposing the bail application submitted that the applicant is habitual and committed the offence as mentioned in different case crime numbers, and as such he is not entitled to be enlarged on bail.
“Considering the rival submissions of counsel for parties, material available on record as well as taking note of Section 19(4) (b) of the Gangsters Act, in light of the submission of counsel for the applicant to the effect that while on bail in this case the applicant would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail”, the Court observed while allowing the bail application.
The Court ordered that,
Let the applicant- Sharzeel Raja @ Atif Raja, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses; and,
(iii) the applicant shall appear on each and every date fixed by the trial court.
(iv) the applicant shall not leave the country without prior permission of the Trial Court.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.
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