Nadeem v. State of U.P.

Court No. - 10 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40099 of 2020

Applicant :- Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.

Hon'ble Rohit Ranjan Agarwal,J.

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

By means of this application, the applicant- Nadeem, who is involved in Case Crime No. 01 of 2020, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Budaun is seeking enlargement on bail during the trial.

It is contended by learned counsel for the applicant that gang chart reveals only three cases against the applicant, in which he is already on bail, copy of the bail orders have been brought on record as Annexure-3 to the bail application. Applicant is languishing in jail since 14.11.2019 and undertakes that he will not misuse the liberty, if granted bail.

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

Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.