Sakir v. State of U.P.

Court No. - 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4302 of 2018

Applicant :- Sakir Opposite Party :- State Of U.P. Counsel for Applicant :- Pravendra Kumar Chauhan,Rajeev Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

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

It is submitted by the learned counsel for the applicant that according to gang chart, ten cases had been shown against accused applicant and he is on bail. Criminal history of twenty cases had been explained. The applicant has been falsely implicated in the present case. He is languishing in jail since 01.06.2017 (more than one year one month) 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.

On the other hand, learned A.G.A opposed the prayer for bail but could not dispute the aforesaid fact as argued by the 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.