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2025 DAILYLAW 68803 (ALL)

ARUN v. STATE OF U.P.

BAIL/22743/2025 · 2025-08-07

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134589 Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22743 of 2025 Applicant :- Arun Opposite Party :- State of U.P. Counsel for Applicant :- Ayub Khan Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. The present bail application has been moved by the applicant accused Arun for the offence punishable under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 in Case Crime No.1139 of 2009, Police Station Kavinagar, District Ghaziabad. 2. Sri Heera Lal, Advocate holding the brief appears and submits that accused-applicant has been granted bail by the court below vide order dated 16.08.2010 annexed as SA-2. The accused- applicant, who is labour has jumpted the bail and the trial court has rejected the bail merely on the ground of non appearance in the trial for nearly 10 years. This is a case of jumping of bail, due to which N.B.W. and process under Section 82 Cr.P.c. has been issued against the accused-applicant and was arrested. The accused-applicant is in jail since 24.03.2025. 3. 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. 4. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The matter pertains to the year 2010. The accused-applicant being labour left the place for earning livelihood. The accused- applicant appears before the trial court on the basis of NBW and warrant under Section 82 Cr.P.C. The accused -applicant shall ensure his present before the trial court in continuance of the trial. 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 24.03.2025. 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 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad