Waheed Qureshi vs. State Of U.P.
Facts
The applicant, Waheed Qureshi, is seeking bail in Case Crime No. 862 of 2004, registered under Sections 2/3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The applicant was initially granted bail, but a charge sheet was filed subsequently without any notice being served upon him. He has been in jail since July 23, 2016. The State opposed the bail application. The court considered the nature of the accusation, severity of punishment, apprehension of tampering with witnesses, evidence, and the genuineness of the prosecution case.
Held
The Court, without expressing any opinion on the merits of the case, decided to release the applicant on bail. The reasoning appears to be based on the applicant's submission regarding the lack of notice after the charge sheet was filed, coupled with the duration of his incarceration. The court considered the standard factors for bail, including the nature of the accusation, severity of punishment, apprehension of tampering with witnesses, and the evidence. The operative direction is that the applicant shall be released on bail upon furnishing a personal bond and two sureties to the satisfaction of the court concerned, subject to specific conditions. No issue was expressly left undecided.
Key Issues
1. Whether the applicant is entitled to bail given that a charge sheet was filed after his initial bail, and no notice was served upon him regarding the charge sheet submission, thereby potentially violating his procedural rights? Contentions: Petitioner/Applicant: Argued that after being granted initial bail, a charge sheet was filed, and no notice was served upon him, which is a procedural irregularity. He has been incarcerated since July 23, 2016. Revenue/State: Opposed the bail application, and the court considered the standard factors for granting bail, including the nature of the accusation, severity of punishment, reasonable apprehension of tampering with witnesses, prima facie satisfaction regarding evidence, and the genuineness of the prosecution case.
AI-generated summary — verify with the full judgment below
Court No. - 56 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14620 of 2018 Applicant :- Waheed Qureshi Opposite Party :- State Of U.P.
Counsel for Applicant :- Sharib Salaman Ahmad Ansari Counsel for Opposite Party :- G.A.
Hon'ble Mukhtar Ahmad,J.
Applicant- Waheed Qureshi seeks bail in Case Crime No. 862 of 2004 under Sections 2/3 U.P. Gangster and Anti Social Activities(Prevention) Act, 1986 ( GST No. 47 of 2005 , Police Station Kotwali Orai, District Jalaun.
Heard learned counsel for the applicant and learned AGA for the State.
Submission of learned Counsel for the applicant-accused that initially, the applicant was granted bail but up to that time, charge sheet was not filed and after submission of the charge sheet, no notice was ever served upon him. Lastly, it is submitted that the applicant is languishing in jail from 23.7.2016.
Bail has been opposed by learned AGA on behalf of the State.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of
The judgment continues below.
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