Rahul Tiwari v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17346 of 2022

Applicant :- Rahul Tiwari Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Prasad Sharma Counsel for Opposite Party :- G.A.

Hon'ble Chandra Kumar Rai,J.

Heard Mr. Surendra Prasad Sharma, learned counsel for the applicant, learned A.G.A. and perused the record.

The instant bail application has been filed on behalf of the applicant- Rahul Tiwari with a prayer to release him on bail in Case Crime No.305 of 2021, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Phoolpur, District Varanasi, during pendency of trial.

Learned counsel for the applicant has submitted that he has been falsely implicated in this case and he does not indulge in any unlawful activity as provided in Gangsters Act and, therefore, no case is made out against the applicant. It is submitted by learned counsel for the applicant that in the present case, one case has been shown in the gang chart against the applicant in which the applicant has been released on bail. The averment has been made in Para No.6 and copy of the same has been annexed as Annexure No.3 to the affidavit filed in support of the bail application. It is further submitted that his implication under the Gangster Act in the present FIR is false and that the applicant is neither a leader nor a member of any gang. He is in jail since 16.06.2021. Lastly it is submitted by the learned counsel for applicant that the applicant shall not abscond, and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.