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2025 DAILYLAW 21752 (ALL)

ARUN JATAV v. STATE OF U.P.

BAIL/6225/2025 · 2025-05-20

Ram Manohar Narayan Mishra

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:86104 Court No. - 88 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6225 of 2025 Applicant :- Arun Jatav Opposite Party :- State of U.P. Counsel for Applicant :- Prabha Shanker Bharti Counsel for Opposite Party :- G.A. Hon'ble Ram Manohar Narayan Mishra,J. 1. Heard Sri Prabha Shanker Bharti, learned counsel for the applicant and learned A.G.A. for the State. 2. The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.182 of 2002, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention), Act, 1986, P.S. Simbhawali, District- Ghaziabad. 3. It is submitted by learned counsel for the applicant that there is three cases shown in the gang chart against applicant, in which case he is already on bail, the bail orders are annexed as Annexure no.4 to the affidavit. In paragraph 4 of the supplementary affidavit, it has been stated that apart from the cases mentioned in the gang-chart the applicant is also involved 24 other cases and in all the cases the applicant has been released on bail. It is the submission of learned counsel for the applicant that applicant is neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. Applicant is languishing in jail since 14.01.2025 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant. 5. Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Gangster Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed. 6. Let applicant, Arun Jatav be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions- (i) The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence. (ii) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Order Date :- 21.5.2025 Mini Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad