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Neutral Citation No. - 2025:AHC:13366 Court No. - 66 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1568 of 2025 Applicant :- Sageer Opposite Party :- State of U.P. Counsel for Applicant :- Apsara,Arbaz Danish Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.
1. Heard Ms. Apsara, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on bail in Case Crime No.276 of 2014, under Section 8/20 NDPS Act, Police Station Tanda, District Rampur during pendency of the trial. 3. Learned counsel for the applicant submits that in the present matter applicant had been released on bail in the year 2014 and thereafter however, he appeared till November, 2020 but unfortunately after that he could not appear before the trial court due to Covid-19 Pandemic and court concerned started taking coercive measures against the applicant and when applicant came to know about this fact then he himself surrendered before the court concerned on 7.10.2024 and since then he is in jail. 4. She further submits that however, apart from the present case applicant is also having criminal history of 23 other cases in which number of cases were after the year of 2014, i.e., after released of applicant on bail but as Police was highly inimical with the applicant, therefore, Police falsely implicated him in all the cases. She next submits that entire criminal history of the applicant has been explained in the instant bail application. 5. She further submits that applicant has given an undertaking that
after release on bail in the instant matter, he will regularly attend the trial court and he will not mis-use the liberty of bail and will fully cooperate with the trial. 6. She further submits that in the present matter applicant is in jail for the last more than three months. 7.
Per contra, learned AGA opposed the prayer for bail and submits that it is a case of sheer mis-use of liberty of bail granted to the applicant as applicant after released on bail not only absconded but during bail, he also committed as many as 16 other offences including offences under Sections 307 IPC and NDPS Act and, therefore, there is every possibility, if he will release on bail, he will again involve in commission of criminal offences and he will again abscond and therefore, he should not be released on bail. 8. I have heard learned counsel for the parties and perused the record of the case. 9. From the record of the case it reflects that after released on bail in the present matter in the year 2014, however, applicant attended the trial court for some time but after that he absconded and he absconded for almost four years and he surrendered before the court concerned only after the coercive measures were taken against him. 10. Further, record also suggests that while applicant was on bail in the present matter then he committed as many as 16 others offences including offences under Section 307 IPC and NDPS Act. 11. Further, applicant is in jail only since October, 2024. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is not entitled to be released on bail at this stage. 13. Accordingly, the instant bail application stands dismissed. 14. It is clarified that the observations made herein are limited to
the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 27.1.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad