Anuj v. State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38037 of 2022

Applicant :- Anuj Opposite Party :- State of U.P. Counsel for Applicant :- Ved Prakash Mishra,Chandra Shekhar Mishra

Counsel for Opposite Party :- G.A.

Hon'ble Shiv Shanker Prasad,J.

Supplementary affidavit filed on behalf of the applicant in the Court today is taken on record.

Heard Mr. Ved Prakash Mishra and Mr. Chandra Shekhar Mishra learned counsel for the applicant and learned counsel for the State as well as perused the material on record.

The present bail application has been filed by the applicant-Anuj with a prayer to enlarge him on bail in C ase Crime No. 332 of 2022, under Sections 2/3 of the U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station-Kotwali City, District-Bijnor, during the pendency of the trial.

It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case for the purpose of harassment. False and fabricated prosecution story has been made by the police. There is no reliable evidence against the applicant. It is next argued that in the gang chart only two cases are shown against the accused-applicant. It has further been argued by the learned counsel for the applicant that the applicant has already been enlarged on bail in the aforesaid cases, copies of the bail orders have been enclosed as Annexure No.-3 to the affidavit accompanying the bail application. Apart from the above, the applicant has two criminal antecedents to his credit but the same have satisfactorily been explained in paragraph-15 of the affidavit filed in support of the present bail application. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 19th June, 2021. As such the applicant has undergone more than on year and four months of incarceration as on date.