Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55978 Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5826 of 2025 Applicant :- Zubair Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A. for the State. Perused the record. Instant bail application has been moved by applicant, Zubair, in Case Crime No.187 of 2024, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Mirapur, District- Muzaffarnagar.
Learned counsel for the applicant argued that the accused- applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 30.11.2024 and he is of no criminal antecedent and there is no likelihood of fleeing from course of justice or tempering with evidence in case of release on bail. In gang chart, he has been shown to be of one criminal antecedent, wherein, he is on bail; hence, bail has been prayed for. Learned AGA has vehemently opposed, but could not oppose this fact that in gang chart, there is only one case, wherein, he is on bail. Having heard and gone through materials placed on record, considering all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, but, without commenting on merits of the case, a case for bail is made out. Accordingly, the bail application is allowed.
Let the applicant, Zubair involved in above mentioned case crime number be released on bail, on his executing a personal bond and two reliable sureties, each, in the like amount, to the satisfaction of the court concerned, subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned. In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 16.4.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad