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2025 DAILYLAW 5059 (UTT)

SHOAIB v. STATE OF UTTARAKHAND

BA1/612/2025 · 2025-05-19

Rakesh Thapliyal

body2025

Judgment text

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2025:UHC:4139 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No. 612 of 2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. Saurabh Kumar Pandey, learned counsel for the applicant. 2. Mr. V.S. Pal, learned AGA for the State. 3. Present applicant–Shoaib S/o Shri Aftab Siddiqui is seeking bail in relation to FIR/Case Crime No.0041 of 2025, registered on the basis of FIR dated 18.02.2025 at Police Station Vanbhoolpura, District Nainital, wherein the present applicant along with four other persons have been implicated for the offences punishable under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986. 4. It is submitted by learned counsel for the applicant that two cases have been shown against the present applicant, in which the applicant has also been granted bail. Apart from this, he submits that the in the said case crime number, the wife of the applicant has also implicated and she has also been granted bail by the learned Sessions Judge (Gangster Act), Nainital vide order dated 04.03.2025, the copy of which is also placed on record. 5. On the other side, learned State counsel have not disputed this fact that based on two previous cases, the applicant has been implicated and so far as the Gang leader is concerned, at about seven cases are pending against him. He further has not disputed this fact that the wife of the present applicant has already been granted bail. 6. After hearing the arguments as 2025:UHC:4139 advanced by learned counsel for the parties and further taking into consideration that in two other cases, on the basis of which, the applicant has been implicated under the Gangster Act, the present applicant is already bailed out and the wife of the present applicant is also bailed out by learned Session Judge by order dated 04.03.2025, this Court is of the view that the applicant deserves to be enlarged on bail. 7. Accordingly, without expressing any opinion on the merit of the case, the present bail application is allowed. 8. Let the applicant, namely, Shoaib, be released on bail, on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned. 9. It is made clear that after being released on bail the applicant shall report to the nearest police station on every 15 days and the concerned SHO shall record his presence, failing which, the prosecution is free to move an application for cancellation of bail. (Rakesh Thapliyal, J.) 19.05.2025 R.Bisht 2025:UHC:4139