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Neutral Citation No. - 2025:AHC:14530 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45091 of 2024 Applicant :- Kapil Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard Ms.Garmia Jaiswal, Advocate, holding brief of Sri Vinod Kumar Triapthi, 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.459 of 2024, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Sector 24 Noida, District Gautam Buddh Nagar, during pendency of the trial.
3. It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in four criminal cases in which he has already been enlarged on bail by the concerned court by orders dated 25.10.2023, 27.10.2023, 25.10.2023 and 27.10.2023 (Annexure 3 to the bail application). It is further submitted that co-accused Shaan Haider, Sandeep Dixit & Sudhir Kumar have been granted bail by this Court vide orders dated 15.1.2025, 22.01.2025 &
12.12.2024. The applicant is not a previous convict. The applicant is languishing in jail since 28.10.2024 and in case he is enlarged on bail he will not misuse the liberty of bail.
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 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, Kapil Kumar, who is involved in 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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 31.1.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad