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2025 DAILYLAW 109980 (ALL)

ALOK TYAGI v. STATE OF U.P.

BAIL/44854/2024 · 2025-01-27

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:13542 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44854 of 2024 Applicant :- Alok Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Sushil Kumar Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No. 516 of 2024, registered under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Nai Mandi, District Muzaffarnagar, during pendency of the trial. 3. Learned counsel for the applicant submitted that two cases are shown in the gang chart on that account provisions of Gangster Act has been imposed. He further submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The applicant has been granted bail in the cases shown in the gang chart which is annexed as Annexures 3 and 4 to the affidavit. The applicant has no criminal history except the cases shown in the gang chart. The applicant neither involved in any anti social activities nor a leader of any gang. Applicant's counsel further submits that the applicant claims parity with the co-accused, namely, Shaan Haider, Sandeep Dixit and Sudhir Kumar, who have been granted bail by this Court vide orders dated 15.01.2025, 22.01.2025 and 12.12.2024, respectively, and the role of the applicant is same as of the co-accused, hence, the applicant is also entitled for bail on the ground of same footing. The applicant is languishing in jail since 05.11.2024. 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, Alok Tyagi, 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. ii. 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 :- 27.1.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad