Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:95582 Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18784 of 2025 Applicant :- Mohd Sajid Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A for the State and perused the material on record.
2. The present bail application has been filed on behalf of the applicant in Case Crime No. 161 of 2025, under Sections 2/3 of U.P. Gangster And Anti-Social Activities (Prevention) Act, P.S Budhana, District Muzaffar Nagar, with the prayer to enlarge the applicant on bail.
3. It is submitted by learned counsel for the applicant-accused that applicant is innocent and he has been falsely implicated in this case. It was submitted that there is no credible material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act and that applicant does not fall within the ambit of Gangster. In the gang chart, seven cases have been shown against the applicant, in which he is already on bail, copies of which are available on record. Learned counsel has referred
facts of the matter and contents of the first information report and submitted that gang chart was not approved in accordance with law and rules and that in view of facts of the matter, the bar under Section – 19 (4) of the Act is not attracted against applicant. It was stated that co-accused Ashish has already been granted bail by this Court. Lastly, it was submitted that the applicant is languishing in jail since 17.04.2025 and that in case applicant is granted bail, he
shall not misuse the liberty of bail and would co-operate during trial.
4. Learned A.G.A. has opposed the prayer for bail.
5. Considering submissions of learned counsel for the parties, nature of accusations, period of detention and all attending facts and circumstances of the case, without expressing any opinion on the merits, a case for bail is made out. Accordingly the instant bail application is hereby allowed.
6. Let the applicant Mohd Sajid involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions: (i) The applicant shall not tamper with the evidence during trial. (ii) The applicant shall not pressurize / intimidate the prosecution witnesses. (iii) The applicant shall appear before the trial court on the date fixed, unless his personal appearance is exempted. (iv) 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 them from disclosing such facts to the Court or to the police.
7. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 5.6.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad