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Neutral Citation No. - 2025:AHC:6779 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45230 of 2024 Applicant :- Shaan Haider Opposite Party :- State of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 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. 516 of 2024 registered under Section 2/3 of the Gangsters and Anti-Social Activities Act, 1986, Police Station-Nai Mandi, District-Muzaffarnagar during pendency of the trial.
3. It is argued by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. According to the gang chart, the applicant is said to have been involved in one case in which he has already been enlarged on bail by this Court. A copy of the bail order is annexed as Annexure No.3 of the bail application. It is further submitted that identically placed co-accused namely, Sudhir Kumar has been granted bail by this Court vide order dated 12.12.2024 passed in Crl. Misc. Bail Application No.45585 of 2024. He further submits that since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled to be enlarged on bail on the ground of parity. The applicant is not a member of any gang. There is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 06.11.2024 and in case he is enlarged on bail he will not misuse the liberty of bail and co- operate in trial.
4. Learned A.G.A. 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 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, Shaan Haider 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 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad