Shankar v. State of U.P.

Court No. - 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30307 of 2018

Applicant :- Shankar Opposite Party :- State Of U.P. Counsel for Applicant :- Vijay Bahadur Shivhare,Rahul Singh Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.

It is submitted by learned counsel for the applicant that according to gang chart, three cases had been shown against accused applicant and he is on bail. There is criminal history of one case has been properly explained. The applicant has been falsely implicated in the present case. He is languishing in jail since 24.4.2016 (more than two years and three months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the gang chart.

Learned A.G.A. opposed the prayer for bail and admitted that criminal history has been explained and further he could not dispute the aforesaid fact as argued by learned counsel for the applicant.

Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.