Rihan v. State of U.P.

Court No. - 81

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39758 of 2022

Applicant :- Rihan Opposite Party :- State of U.P. Counsel for Applicant :- Gauri Shankar Yadav Counsel for Opposite Party :- G.A.

Hon'ble Mohd. Azhar Husain Idrisi,J.

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

The applicant seeks bail in Case Crime No. 222 of 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Sector-24, District Gautam Buddh Nagar.

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 two cases have been shown against the applicant in the Gang Chart and in one case he has been granted anticipatory bail and in another case, the applicant has been granted bail, copies of the bail orders have been annexed in the afÏdavit filed in support of bail application. It is next submitted that similarly placed co-accused Dimpal Kumar has been granted bail by another Bench of this Court vide order dated 28.09.2022 passed in Criminal Misc. Bail Application No. 39618 of 2022, therefore, applicant is also entitled to be released on bail. 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 05.04.2021, undertakes that he will not misuse the liberty, if granted.