The Allahabad High Court has rejected the anticipatory bail application of former BSP MLC Haji Iqbal and his four sons.
A single-judge bench of Justice Vivek Kumar Singh passed this order while hearing a Criminal Misc Bail Application under section 482 CrPC filed by Mohd Afzal And 4 Others.
The anticipatory bail application has been filed on behalf of the applicants, (i) Mohd Afzal (ii) Alishaan (iii) Javed (iv) Haji Iqbal @ Balla (v) Abdul Wajid, with a prayer to release them on bail in a case under Sections 2/3 of UP Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Mirzapur, District- Saharanpur, during pendency of trial.
It has been contended by the counsel for the applicants that one case has been shown against the applicant No.(i) Mohd Afzal; Two cases have been shown against the applicant no (ii) Alishaan; Two cases have been shown against the applicant no (iii) Javed; Three cases have been shown against the applicant no (iv) Haji Iqbal @ Balla and Four cases have been shown against the applicant nos (v) Abdul Wajid in the Gang Chart of the bail application and in the said cases, the applicants have been granted bail by the competent court.
The brief holder of the State has vehemently opposed the prayer for bail and submitted that the applicants are hardened criminals and ‘look out notice’ has also been issued against them. Further prior to filing of the anticipatory bail application applicants also approached the Court by filing Criminal Misc Writ Petition.
“After hearing the counsel for the applicants and brief holder for the State, the Court is of the opinion that the counsel for the applicants could not point out any good ground for grant of anticipatory bail to the applicants,” the Court observed while rejecting the anticipatory bail application.
“At the end, counsel for the applicant has made a prayer that the applicants may be afforded with the liberty to move discharge application and till disposal of the same coercive steps may not be taken against them.
In view of above, it is provided that the applicants may move discharge application as aforesaid.
For a period of two months from today, no coercive measures shall be adopted against applicants,” the Court ordered.