2025:UHC:7000 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS BA1/1198/2025 Hon’ble Rakesh Thapliyal, J. 1. Mr. V.K. Guglani, learned counsel for the applicant. 2. Mr. Pankaj Joshi, learned AGA for the State. 3. The present applicant ‘’Amit Shushil Agarwal, son of Shri Shushil Agarwal,” is praying for bail in relation to First Information Report dated 12.10.2016 bearing FIR No. 0169 of 2016, Police Station – ITI, District – Udham Singh Nagar, wherein the present applicant along with one other Prakash Narayan Kandpal have been implicated for the offence 2 (B) (ii) / 3 of the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. 4. It is contended by the learned counsel for the applicant that based on the FIR No. 105 of 2016 punishable for the offence under Section 420 read with Section 34 IPC, present applicant has been implicated under the Gangster Act. He further submits that in FIR No. 105 of 2016, applicant is already bailed out and applicant has no nexus with the gang leader in earlier FIR No. 105 of 20106, which was lodged against main accused Prakash Narayan Kandpal and during investigation, applicant was implicated in the present case on the disclosure of his name by co accused Prakash Narayan Kandpal. He further submits that applicant is languishing in jail since 30.06.2025 and charge sheet has already been filed. 5. On the other side, Mr. Pankaj Joshi, learned AGA have not disputed this fact that the charge- sheet has already been filed, therefore, there is no need of the custodial interrogation of the present applicant and applicant is languishing in jail since 30.06.2025 and present applicant is implicated in the present case only on the basis of FIR No. 105 of 2016. 6. After hearing the arguments of learned counsel for the parties and further taking into consideration that the charge-sheet against the 2025:UHC:7000 present applicant has already been filed and furthermore, applicant is languishing in jail since 30.06.2025, and in FIR No. 105 of 2016, applicant is already bailed out and applicant is implicated in the present case only on the basis of FIR No. 105 of 2016, this Court is of the view that the applicant deserves for bail. 7. Accordingly, without expressing any opinion on the merit of the case the bail application is allowed. 8. Let the applicant ‘’Amit Shushil Agarwal, son of Shri Shushil Agarwal,” be released on bail on furnishing his personal bond and two sureties each of the like amount to the satisfaction of the court concerned. 9. It is made clear that after being released on bail, if the applicant is found to be indulged in any criminal activity, the prosecution shall apprise to the trial court so that the trial court may proceed against the applicant. (Rakesh Thapliyal, J.) 08.08.2025 SKS