Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:6594
Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45488 of 2024 Applicant :- Bholu Alias Sandeep Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Kumar Singh,Sujata Choudhary Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Ms. Sujata Choudhary, learned counsel for the applicant and Sri Shatruhan Yadav, learned AGA for the State-respondent. 2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 344 of 2022, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Pallavpuram, District Meerut during pendency of the trial in the court below. 3. Applicant has been made accused in the present case on the basis of solitary case shown against him in the gang chart. 4. Learned counsel for the applicant submitted that on the basis of solitary case shown in the gang chart, applicant has been made accused in the present matter. She further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in the solitary case shown in the gang chart, he has already been released on bail. 5. She further submitted that apart from the present case and solitary case shown in the gang chart, applicant is not having any criminal history and in the present matter, he is in jail since 10.11.2022 i.e. for last more than two years. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the
record of the case. 8. From the record, it reflects that on the basis of the solitary case shown in the gang chart applicant has been made accused in the present case and in the solitary case, he has already been enlarged on bail. 9. Further, apart from the present case and solitary case shown in the gang chart, applicant is not having any criminal history and in the present matter, he is in jail since 10.11.2022 i.e. for last more than two years. 10. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail. 11.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed. 12. Let the applicant- Bholu @ Sandeep be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and anti-social activity. 13. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 14. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 15.1.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad