2025:UHC:3925 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/2433/2024 Hon’ble Alok Mahra, J. Mr. Gaurav Singh, learned counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy Advocate General assisted by Mr. Prabhat Kandpal, Brief Holder for the State. 3. Applicant- Waseem, who is in Judicial custody in connection with Case Crime/FIR No. 107 of 2024, under Sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Piran Kaliyar, District Haridwar, has sought his release on bail. 4. Heard learned counsel for the parties and perused the material available on record. 5. Learned counsel for the applicant submits that the applicant has been implicated for the offence punishable under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 on the basis of following cases: (i) FIR/Case Crime No. 389 of 2021, under Section 8/21 of the NDPS Act, PS Piran Kaliyar, District Haridwar. (ii) FIR/Case Crime No. 142 of 2022, under Section 8/21 of the NDPS Act, 2025:UHC:3925 PS Piran Kaliyar, District Haridwar. (iii) FIR/Case Crime No. 466 of 2022, under Section 3/4 of the Gunda Act. (iv) FIR/Case Crime No. 461 of 2023, under Sections 379 and 411 IPC, PS Piran Kaliyar, District Haridwar. (v) FIR/Case Crime No. 389 of 2021, under Section 8/21 of the NDPS Act, PS Piran Kaliyar, District Haridwar. (vi) (v) FIR/Case Crime No. 462 of 2023, under Sections 379 and 411 IPC, PS Piran Kaliyar, District Haridwar. (vi) FIR/Case Crime No. 370 of 2023, under Section 8/21 of the NDPS Act, PS Piran Kaliyar, District Haridwar. And (vii) FIR/Case Crime No. 754 of 2023, under Sections 379 and 411 IPC, PS Kotwali Roorkee, District Haridwar. 6. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case; the provisions contained under Section 2/3 of the Gangsters Act have been invoked solely on the ground of the above said criminal cases, which are pending against the applicant. Besides this, in one case, the applicant has been convicted under Sections 379/411 IPC on the basis of his confession and he has been released on the ground of his period undergone in judicial custody. 7. Learned counsel further submits that in all other cases, the applicant has been enlarged on bail. He also submits that offence under Sections 379 and 411 IPC do not cause any violence, threat, 2025:UHC:3925 intimidation, coercion etc. therefore, conviction of applicant’s under the aforesaid offence is not sufficient for invoking provisions of Gangsters Act and the applicant is languishing in jail for the last six months. 8. On the contrary, learned State Counsel vehemently opposed the bail. He also submits that the applicant was convicted based on confession, therefore, he is not entitled to be released on bail. 9. Considering the submission of learned counsel for the parties and without expressing any opinion as to the final merits of the case, this Court is of the view that application deserves bail at this stage. 10. Accordingly the bail application is allowed. 11. Let the applicant be released on bail, on his executing personal bond and furnishing two reliable sureties, each of like amount, to the satisfaction of Court concerned. (Alok Mahra, J.) 14.05.2025 Kaushal