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Neutral Citation No. - 2025:AHC:6486 Court No. - 9 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28836 of 2024 Applicant :- Rohtash Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Sharma,Sandeep Kumar Srivastava,Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Rohit Ranjan Agarwal,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State respondent. 2. By means of this application, applicant, who is involved in Case Crime No. 99 of 2024, under Section 3 (1) of U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station Mandi Dhanaura, District J.P. Nagar (Amroha) seeks enlargement on bail during the pendency of trial. 3. Learned counsel for the applicant has contended that in the gang chart only one case, has been shown against the applicant, on the basis of which he has been falsely implicated in the present case. He further submits apart from the case shown in gang-chart there are five other criminal cases under Excise Act registered against the applicant, however, he is on bail in all other cases. Learned counsel for the applicant has further contended that in the case shown in the gang chart, the applicant has already been released on bail. Copy of the bail orders have been filed as annexure no. 3 to the affidavit and annexure no. 1 to supplementary affidavit. It is further contended that the applicant is in jail since 05.07.2024 and if he is released on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. vehemently opposed the prayer of bail. However, he does not dispute the fact that applicant has been granted bail in all other cases registered against him. 5. Considering the facts and circumstances of the case as well as keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, this Court finds that the applicant has made out a case for bail. Hence, the bail application is hereby allowed. 6.
Let the applicant Rohtash be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions, which are being imposed in the interest of justice:- (i) That the applicant shall cooperate in the expeditious disposal of the trial and shall regularly attend the court unless inevitable. (ii) That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned.
7. In case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail.
Order Date :- 15.1.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad