Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:12506 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1352 of 2025 Applicant :- Shahid Opposite Party :- State of U.P. Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A.
2. The instant bail application has been filed on behalf of the applicant with a prayer to release him in Case Crime No. 476 of 2024, under section 2/3 of U.P.Gangsters and Anti-social Activities (Prevention) Act 1986, Police Station Lisadigate, District Meerut, during pendency of the trial.
3. Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case. Single case is shown in the gang-chart against the applicant. On account of single case provision of Gangster Act has been imposed. The applicant is on bail in the case shown in the gang chart. Bail order is annexed as Annexure No.3 to the bail application. He next contended that the applicant is neither involved in any anti-social activities nor a leader of any gang. The applicant is in jail since 06.06.2024. Further, co-accused, Babu @ Mama has been granted bail by this Court vide order dated 16.01.2025 passed in Criminal Misc. Bail Application No. 20 of
2025. Further, applicant claims parity with the co-accused. In case, the applicant is released on bail, he will not misuse the liberty of bail, if granted and co-operate in trial.
4. Learned A.G.A. has opposed the bail prayer of the applicant.
5. Considering the entire facts and circumstances of the case,
submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
6. Let the applicant- Shahid, who is involved in aforesaid case crime, 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 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.
Order Date :- 24.1.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad