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2025 DAILYLAW 109827 (ALL)

MUNNAR v. STATE OF U.P.

BAIL/44532/2024 · 2025-01-15

Deepak Verma

Special Leave Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:6617 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44532 of 2024 Applicant :- Munnar Opposite Party :- State of U.P. Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 418 of 2024, registered under Section 2/3 U.P. Gangsters Act and Anti Social Activities (Prevention) Act, 1986, Police Station- Kithaur, District-Meerut. 3. Learned counsel for the applicant submitted that solitary case is shown in the gang chart against the applicant on that account Gangster Act has been imposed. The solitary case shown in the gang chart on which the applicant has been enlarged on bail vide order dated 06.11.2024, a copy of the same has been annexed as Annexure No. 3 to the bail application. Applicant has no criminal history except the solitary case shown in the gang chart. The applicant is innocent and has been falsely implicated in the present case due to mala fide intention. The applicant neither involved in any anti social activities nor a leader of any gang. The applicant is languishing in jail since 17.11.2024. In case, the applicant is released on bail, he will not misuse the liberty of bail and co- operate in trial. 4. Learned A.G.A. has opposed the bail prayer of the applicant. 5. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 6. Let the applicant- Munnar, who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified. (i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. (ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment. (iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 15.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad