2025:UHC:9321 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1 No.1045 of 2025 Hon’ble Alok Mahra, J. Ms. Sheetal Selwal, learned Legal Aid Counsel for the applicant. 2. Mr. Deepak Bisht, learned Deputy A.G. for the State. 3. Applicant–Rajendra Giri Goswami, who is in judicial custody in connection with Case Crime/F.I.R. No. 0007 of 2024, under Sections 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Chaukhutia, District Almora, has sought his release on bail. 4. Heard learned counsel for the parties and perused the record. 5. As per the prosecution case, on 23.03.2024, an F.I.R. was registered against six accused person and other accused persons, who are involved in favour cases and have formulated a gang for gaining undue benefit by involving in various criminal activities. 6. Learned legal aid counsel for the applicant would submit that the applicant is innocent as the applicant has not formulated any gang nor has member of any gang and only on the basis of false cases registered against the present applicant, the applicant has falsely been implicated. He would further submit that as per the F.I.R. lodged against the applicant as many as two cases i.e. FIR No.20 of 2021 under Sections 380, 457, 411 I.P.C. and F.I.R. 2025:UHC:9321 No. 21 of 2023 under Sections 379 & 411 I.P.C. have been shown as against the present applicant. She would further submit that in F.I.R. No. 21 of 2021. In F.I.R. No.21 of 2021, the applicant has been undergone sentence awarded to him while in other F.I.R. No. 21 of 2023, the applicant has been granted bail and the said fact has already been come in the counter affidavit filed by the State. 7. Learned Legal Aid Counsel would further submit that the applicant has been in judicial custody since 28.11.2024; that, the applicant had moved a bail application before the learned court below, the same was rejected on 28.01.2025. It is further submitted that there is no likelihood of the applicant tampering with the evidence or misusing the liberty if released on bail. 8. Per contra, learned State counsel strongly opposed the bail applicant by submitting that the applicant is a habitual offender. However, it is admitted that the applicant has been in judicial custody since 28.11.2024 and that his bail was earlier rejected on 28.01.2025. It is further admitted that F.I.R. No. 20 of 2021 (under Sections 380, 457, 411 IPC) and F.I.R. No. 21 of 2023 (under Sections 379 and 411 IPC) are pending against him. In one of these cases, the applicant has already served the sentence, and in the other, he has been granted bail. These facts are not disputed by the State counsel. 9. Upon considering the submissions of learned counsel for the applicant as 2025:UHC:9321 well as learned State counsel, and upon perusal of the record, it is evident that only two criminal cases are shown against the present applicant, namely: F.I.R. No. 20 of 2021 under Sections 380, 457, and 411 I.P.C., and F.I.R. No. 21 of 2023 under Sections 379 and 411 I.P.C. It is further noted on record that in one of these cases, the applicant has already served the sentence imposed, and in the other case, he has been granted bail. These facts have been expressly admitted by learned State counsel. 10. Having considered the submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant deserves to be enlarged on bail. 11. Accordingly, the first bail application is allowed. 12. Let the applicant be released on bail in the aforesaid case, on his executing a personal bond and furnishing two reliable sureties each in the like amount to the satisfaction of the court concerned. [ (Alok Mahra, J.) 16.10.2025 Mamta MAM TA RANI Digitally signed by MAMTA RANI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=6a812005bebfcf46f244f3e584af1449e 430ef900bf09a6d67ebbd642671329b, postalCode=263001, st=Uttarakhand, serialNumber=5de1751a4f1d9cabfd54852c9e6 8911ca8b66dd26690a191648ab5d8dd004ef0, cn=MAMTA RANI Date: 2025.10.17 14:26:06 +05'30'