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Allahabad HC grants conditional bail to Niyaz, former MP Ateeq Ahmed’s close aide

The Additional Government Advocate has opposed the bail application by contending that the applicant is a member of gang and habitual of committing crime.

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The Allahabad High Court on Wednesday granted conditional bail to Niyaz, a close aide of former MP Ateeq Ahmed, who is currently in jail in a case under the Gangster Act.

A single-judge bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Niyaz.

The bail application has been filed on behalf of the applicant with a prayer to release him on bail in case under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police station Dhoomanganj, district Prayagraj during the pendency of trial.

It is argued by the Counsel for the applicant that according to the gang chart the applicant is said to have been involved in two criminal cases, in which he has already been enlarged on bail by the court concerned.

Counsel for the applicant further submitted that in addition to the gang chart, the applicant has six more cases, out of which in four cases, Niyaz has already been enlarged on bail by the court concerned and in fifth case i.e, it is submitted that in the said case final report has been submitted in favour of the applicant.

The Counsel for the applicant stated that the same is under the Goondas Act, which is of 2017 and proceedings of the same have come to an end. He has falsely been implicated in the present case due to police rivalry.

He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.

The applicant is not a previous convict. The applicant is languishing in jail since October 2, 2020 and in case he is enlarged on bail he will not misuse the liberty of bail.

The Additional Government Advocate has opposed the bail application by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.

“Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the Counsel for the respondents, I am of the view that the applicant has made out a fit case for bail,” the Court observed.

The High Court ordered that the applicant Niyaz be released on bail in the case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions which are being imposed in the interest of justice:‐

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates 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 ordersin accordance with law.

(ii) 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 of the Indian Penal Code.

(iii) 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. is issued and the 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 of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial Court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) 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.

The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order, ordered the Court.

Read Also: Day 4 Maratha Reservation: Supreme Court issues notice on plea challenging validity of 102nd Constitutional Amendment

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