Ramesh Alias Pappu Alias Neta Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34480 of 2022

Applicant :- Ramesh Alias Pappu Alias Neta Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Shri Atul Kumar Singh, the learned counsel for the applicant, Sri Amit Kumar Shukla, the learned State Counsel and perused the record.

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2.The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 129 of 2021, under Section 2/3 of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Pachokhra, District Firozabad.

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3.The gang-chart mentions involvement of the applicant in eight cases namely (i) Case Crime No. 212 of 2020, under Sections 379, 411 IPC, P.S. Pachkhora, District Firozabad (ii) Case Crime No. 91 of 2021, under Sections 379, 411 IPC and 136 Essential Commodities Act, P.S. Pachkhora, District Firozabad, (iii) Case Crime No. 51 of 2021, under Section 411 IPC and Section 136 Essential Commodities (i) (C) Act, P.S. Khairagarh, District Firozabad, (iv) Case Crime No. 41 of 2021, under Section 136 (C) Essential Commodities Act, P.S. Khairagarh, District Firozabad, (v) Case Crime No. 41 of 2021, under Section 136 Essential Commodities Act, P.S. Tundla, District Firozabad,(vi) Case Crime No. 194 of 2021, under Section 136 Essential Commodities Act, P.S. Narkhi, District Firozabad, (vii) Case Crime No. 16 of 2021, under Section 136 Essential Commodities Act, P.S. Shikohabad, District Firozabad, and (viii) Case Crime No. 51 of 2021, under Sections 379, 411 IPC and 136 Essential Commodities Act, P.S. Panchkhora, District Firozabad, in all the cases the applicant has been granted bail. Copies of the bail orders have been annexed as annexure-3 to the affidavit filed in support of the bail application.

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4.It has been stated in the affidavit filed in support of the bail application that the applicant was arrested in Case Crime No. 91 of 2021 and after his arrest in one case, he has been implicated in all the other cases mentioned in the gang chart whereas no recovery has been made from the applicant in any

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other case.

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5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, that he has been falsely implicated in the case, that he is neither a leader nor a member of any gang and he is in jail since 02.08.2021. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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6.In paragraph-6 of the affidavit, the applicant's implication in two other cases are disclosed and in both of which he has been granted bail.

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7.Supplementary affidavit has been filed on behalf of the applicant explaining his involvement in two more cases, in which the he has been granted bail and it is alleged that he is also involved in another case bearing Case Crime No. 41 of 2021, under Sections 147, 148, 149323, 452, 504, 506 IPC but the applicant is neither named in the aforesaid case nor a charge sheet has been filed against him.

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8.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspects of the case.

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Having regard to the facts that the applicant has already been granted bail in all the cases mentioned in the gang-chart and that the applicant is languishing in jail since 02.08.202, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.

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10.Let the applicant - Ramesh Alias Pappu Alias Neta be released on bail in Case Crime No. 81 of 2021, under Section 2/3 of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. G.R.P. District Bareilly on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date

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fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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11.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.

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Order Date :- 19.10.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.10.21 19:24:15 IST Reason: Location: High Court of Judicature at Allahabad

Ramesh Alias Pappu Alias Neta v. State of U.P.

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Ramesh Alias Pappu Alias Neta v. State of U.P.

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