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Neutral Citation No. - 2025:AHC:134724 Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7772 of 2025 Applicant :- Gaurav Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Shivesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. The present bail application has been moved by the applicant accused Gaurav Yadav for the offence punishable under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 in Case Crime No.167 of 2007, Police Station Kotwali, District Pilibhit. 2. Sri Shivesh Kumar, learned advocate appeared for the applicant and submits that the matter pertains to jumping of bail. The accused applicant has already been granted bail in this matter in the year 2007. The accused is a labour and went outside the district for earning livelihood and as such, he was not aware of the pendency of the trial. He has surrendered before the Court on 14.10.2024 and sent to jail. The trial is still not concluded despite his surrender before the Court. He is languishing in jail since October, 2024. As such, prayed that the accused/applicant be enlarged on bail. 3. Per contra, learned AGA opposed the prayer for bail and submitted that the accused applicant is having criminal history of eight cases and he is a habitual offender and absconder, as such, his application for bail may be rejected. 4. Countering the argument, learned counsel for the applicant submits that the accused is on bail in all the cases. 5. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The perusal of the record prima facie reveals that the accused applicant has already been granted bail in the present crime number. He has jumped the bail, due to which, non-bailable warrant has been issued against him. The accused has surrendered
himself before the trial court and sent to jail. The accused, according to the learned counsel for the applicant, was ignorant about the pendency of the present case. He is in jail since October,
2024. The trial has not yet been concluded. 7. Hence, without touching merit of the case, the bail application is allowed. 8.
The accused/applicant 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 court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 8.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad