Sagar Vs State of U.P.

Court No. - 88

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11979 of 2023

Applicant :- Sagar Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Kant Vishwakarma Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Heard Sri Krishna Kant Vishwakarma, learned counsel for the applicant and Sri Jhamman Ram, learned AGA for the Staterespondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 218 of 2022, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station G.R.P., District Ghaziabad during pendency of the trial in the court below.

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Applicant was made accused in the present case on the basis of four cases shown against him in the gang chart.

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Learned counsel for the applicant submitted that on the basis of four cases shown in the gang chart, applicant has been made accused in the present matter. He further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in all the four cases shown in the gang chart, he has already been released on bail. He further submitted that apart from the cases shown in the gang chart, applicant is having criminal history of three other cases, in which also he has already been released on bail and in the present matter, he is in jail since August, 2022, therefore, he may be released on bail.

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Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant.

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I have heard learned counsel for the parties and perused the record of the case.

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It appears that on the basis of the four cases shown in the gang chart applicant made accused in the present case and in all the four cases, he has already been enlarged on bail although apart from the cases shown in the gang chart, applicant is having criminal history of three other cases but in that cases also

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applicant has already been enlarged on bail and in the present matter, he is in jail since August, 2022, therefore, this Court is of the view that it is a fit case to release the applicant on bail.

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In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Sagar be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) 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 or any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and antisocial activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 4.4.2023

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AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Sagar v. State of U.P.

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Sagar v. State of U.P.

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