Jiwan v. State of U.P.

Court No. - 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29183 of 2020

Applicant :- Jiwan Opposite Party :- State of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.

Hon'ble Neeraj Tiwari,J.

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

It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case and he has not committed the alleged offence. It is further submitted that one case has been shown against the applicant in the Gang Chart and in the said cases, the applicant has been granted bail, copy of the bail order has been annexed as Annexures -3 to the affidavit filed in support of bail application. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 17.07.2020, undertakes that he will not misuse the liberty, if granted.

Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Jiwan , involved in Case Crime No. 1361 of 2019, under Section- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Phase-III, District -Gautam Budh Nagar, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.