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Neutral Citation No. - 2025:AHC:129616 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23756 of 2025 Applicant :- Mahaveer Opposite Party :- State of U.P. Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. Supplementary affidavit filed today by learned counsel for the applicant, the same is taken on record.
2. The present bail application has been moved by the applicant- accused Mahaveer for the offence punishable under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, in Case Crime No.369 of 2025, Police Station- Khair, District-Aligarh.
3. Sri S.P.S.Chauhan, learned advocate, appeared for the applicant and submits that there are two base cases shown in the gang chart and in both cases, applicant is on bail. There are criminal history of 28 cases shown against the accused-applicant, all the cases have been explained. The accused-applicant is in jail since 10.04.2025. As such, he prays that the accused/applicant be enlarged on bail.
4. The prayer for bail has been vehemently opposed by learned AGA and submitted that the accused-applicant is habitual offender and the accused-applicant has long criminal history to his credit though concedes that all the criminal history has been explained.
5. This Court has taken into consideration the rival submissions made by the parties and perused the record.
6. The record prima facie reveals that two base cases have been mentioned in the gang chart, wherein the accused is on bail. In para 2 of the supplementary affidavit there are 28 cases shown as criminal history against the accused-applicant has been duly explained. In 28 cases of criminal history, the accused-applicant is acquitted in 9 cases and in other remaining cases accused- applicant is on bail.The applicant is in jail since 10.04.2025.
7. Without touching the merit of the case, this Court is of the opinion that this bail application is allowed.
8. Let the accused applicant be enlarged on bail subject to furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. Order Date :- 1.8.2025 Abhishek Sri. (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad