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Neutral Citation No. - 2025:AHC:101795 Court No. - 67 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22704 of 2025 Applicant :- Chhote Alias Chhotu Opposite Party :- State of U.P. Counsel for Applicant :- Nitish Kumar Pandey,Onkar Nath Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the material placed on record. The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 155 of 2024, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, police station Jaithara, district Etah during the pendency of trial. It is argued by learned counsel for the applicant that according to the gang chart, the applicant is said to have been involved in one criminal case, in which he has been acquitted by the concerned court below, copy of the order has been brought on record as Annexure No. 5 to the affidavit filed in support of the bail application. Applicant has no other criminal history except the aforesaid case, averment in this regard has been made in paragraph No. 14 of the affidavit filed in support of the bail application. He has falsely been implicated in the present case due to ulterior motive. He is not member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 30.05.2024 and in case, he is enlarged on bail, he will not misuse the liberty of bail. Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by
contending that the applicant is member of gang and habitual of committing crime. In case the applicant is released on bail, he will again indulge in similar anti- social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses. Having considered the submissions of the parties, without expressing any opinion on the merits, the bail application is allowed.
Let the applicant-Chhote alias Chhotu, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- i. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. The trial Court shall make an endevour to conclude the trial of the applicant expeditiously without granting any unnecessary adjournments to either of the parties in light of the provisions of Section 12 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986. Order Date :- 1.7.2025 Kashifa Digitally signed by :- KASHIFA High Court of Judicature at Allahabad