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2025 DAILYLAW 90427 (ALL)

NAUSHAD v. State of U.P.

BAIL/33106/2024 · 2025-08-03

Avnish Saxena

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130850 Court No. - 87 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33106 of 2024 Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Deepak Kumar,Lal Bahadur,Ram Sajiwan Prajapati Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J. 1. Sri Deepak Kumar, learned counsel appears for the applicant has filed supplementary affidavit today in the Court, which is taken on record. 2. The present bail application has been moved by the applicant accused Naushad for the offence punishable under Sections 2(b)(i) & 3(1) Prevention of U.P. Gangster and Anti-Social Activities Act, 1986 in Case Crime No.03 of 2024, Police Station Mandawali, District Bijnor. 3. Learned counsel for the accused-applicant, contends that the accused is on bail in the case shown in the gang chart and in criminal history. He is incarcerated since long. As such, he prays that the accused/applicant be enlarged on bail. 4. Learned A.G.A. has opposed the prayer for bail and submitted that the accused-applicant is a habitual offender and does not deserve bail, but conceded that the criminal history is explained. 5. This court has taken into consideration the rival submissions made by learned counsel for the parties and perused the records. 6. The criminal history and the nature of offences mentioned in the criminal history has been considered. The record prima facie reveals that there are two cases mentioned in the gang chart, wherein, the accused is on bail. In the criminal history, 24 cases are mentioned and in all the cases the accused is on bail, duly explained in paragraph 2 of the supplementary affidavit. There is nothing on record to show that the accused-applicant has interfered in the investigation or influenced the witnesses. The co-accused has already been granted bail by the coordinate Bench of this Court. He is in jail since August, 2024. 7. Hence, without touching merit of the case, the bail application is allowed. 8. The accused/applicant be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned in view of observation made by the Supreme Court in its dictums of Girish Gandhi Vs. State of Uttar Pradesh [(2024) 10 SCC 674] and Policy Strategy for grant of bail in re [(2024)10SCC 685]. 9. The accused-applicant shall cooperate in judicial process for fair and speedy disposal. Order Date :- 4.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad