Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:130567 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21419 of 2024 Applicant :- Sunil Kumar Mittal Opposite Party :- State of U.P. Counsel for Applicant :- Brij Lal Shukla,Swetashwa Agarwal,Yash Raj Verma Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. Learned A.G.A. has filed counter affidavit today in the Court, which is taken on record. 2. Heard Sri Swetashwa Agarwal, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present bail application has been moved by the applicant accused-Sunil Kumar Mittal for the offence punishable under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 in Case Crime No.418 of 2018, Police Station-Surajpur, District Gautam Budh Nagar. 4. Learned counsel for the accused-applicant, contends that five base cases are shown in the gang chart and in criminal history. He is incarcerated since long. As such, he prays that the accused/applicant be enlarged on bail. 5. Learned A.G.A. has opposed the prayer for bail and submitted that the accused-applicant is a habitual offender and does not deserve bail, but conceded that the criminal history is explained. 6. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 7. The criminal history and the nature of offences mentioned in the criminal history has been considered. The record, prima facie, reveals that there are five base cases mentioned in the gang chart. In the criminal history, 225 cases are mentioned, which are duly explained in the bail application and supplementary affidavit. There is nothing on record to show that the accused-applicant has interfered in the investigation or influenced the witnesses. He is in jail since 05.04.2017. 8. Hence, without touching merit of the case, the bail application is allowed. 9. 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]. 10. The accused-applicant shall cooperate in judicial process for fair and speedy disposal.
Order Date :- 4.8.2025 MN/- (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad