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2025 DAILYLAW 106191 (ALL)

SHAHNAVAZ @ TONY v. State of U.P.

BAIL/40418/2024 · 2025-02-13

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:21043 Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40418 of 2024 Applicant :- Shahnavaz @ Tony Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. By means of the present bail application, the applicant seeks bail in Case Crime No. 075 of 2024, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Transport Nagar, District- Meerut, during the pendency of trial. It is contended by the learned counsel for the applicant that gang chart reveals only two cases under Sections 457 and 380 IPC registered against the applicant while there are 12 other criminal cases registered against him and most of them are under Section 380, 411 IPC. In all the cases the applicant has already been enlarged on bail. The applicant is languishing in jail since 22.12.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail. Learned AGA has vehemently opposed the bail application but could not dispute the said fact. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court finds that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. Let the applicant- Shahnavaz @ Tony, be released on bail in the aforesaid 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) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail. Order Date :- 13.2.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad