Zahid v. State of U.P.

Court No. - 58

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42149 of 2022

Applicant :- Zahid Opposite Party :- State of U.P. Counsel for Applicant :- Awaish Khan,Abdul Zarrar Khan,Rizwan Ullah Siddiqui

Counsel for Opposite Party :- G.A.

Hon'ble Shiv Shanker Prasad,J.

Heard the learned counsel for the applicant and Mr. Shravan Kumar Ojha, learned A.G.A. for the State as well as perused the material on record.

The present bail application has been filed by the applicant-Zahid with a prayer to enlarge him on bail in C ase Crime No. 954 of 2021, under Sections 2/3 of the U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police StationDhoomanganj, District-Prayagraj 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 one case is 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 said case, copy of the bail order has 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-6 of the affidavit accompanying the present bail application. It also argued that the co-accused,namely, Daula and Faimi have already enlarged on bail by Coordinate Benches of this Court vide orders dated 9th September, 2022 and 28th September, 2022 in Criminal Misc. Bail Application Nos. 28531 of 2022 and 41936 of 2022 respectively. The case of the applicant is similar and identical to that of the aforesaid co-accused. As the applicant is also liable to be enlarged on bail. 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 24th August, 2022.