Atif Raja: brother-in-law of bahubali Mukhtar Ansari gets conditional bail.
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Uttar Pradesh: The Allahabad High Court has recently sanctioned conditional bail to Sharzeel Raja, also known as Atif Raja, who is the brother-in-law of the notorious figure Bahubali Mukhtar Ansari. This decision pertains to a case registered under the Gangsters Act at the Ghazipur Kotwali.
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Justice Saurabh Srivastava, presiding over a Single Bench, delivered this verdict in response to a Criminal Miscellaneous Bail Application submitted by Sharzeel Raja. The bail plea, lodged under Section 439 of the Criminal Procedure Code (Cr.P.C), sought Raja’s release during the ongoing trial of a case filed under Section 3(1) of the Uttar Pradesh Gangster & Anti Social Activities (Prevention) Act, 1986, at the Kotwali Police Station in the Ghazipur district.
The defense counsel for Raja argued that, as per the gang chart, three cases are listed against him, and he has already been granted bail in these instances. Furthermore, it was contended that Raja is implicated in six additional cases, in all of which he has been released on bail.
The counsel further pointed out that the allegations in the FIR, which accuse Raja of disrupting public order and seeking undue benefits, are indistinct and vague. They emphasized that without specific allegations of actions or omissions that fall under the definitions of “gang” and “gangster” as per the Gangsters Act, the FIR lacks substance.
The defense also highlighted that the FIR is grounded in existing criminal cases against Raja, rather than new allegations or discoveries that significantly impact society, which is the primary intent behind the Gangsters Act. They argued that the Act should not be misused as a tool for revenge, intimidation, or political score-settling.
Considering the circumstances, the defense maintained that there are substantial grounds to believe that Raja is not guilty of the offences under the Gangsters Act. They assured that he would neither commit any offence while on bail nor attempt to tamper with evidence or influence witnesses.
Raja has been incarcerated since June 2, 2023. In contrast, the Additional Advocate General, opposing the bail, argued that Raja, being a habitual offender, should not be granted bail.
After considering the arguments from both sides, the material on record, and Section 19(4) (b) of the Gangsters Act, the Court concluded that Raja is eligible for bail. This decision was made without passing judgment on the case’s merits and based on the assurance that Raja would not engage in criminal activities or interfere with the trial process while 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 stipulated several conditions for Raja’s release:
- He must not tamper with the prosecution’s evidence.
- He must not exert pressure on the prosecution witnesses.
- He is required to attend all trial court dates.
- He cannot leave the country without the trial court’s prior permission.
The Court warned that any violation of these conditions would entitle the prosecution to seek bail revocation.
This decision marks a significant development in the legal proceedings involving Sharzeel Raja and reflects the judiciary’s careful balancing of legal rights and societal interests.
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