Usman v. State of U.P.

Neutral Citation No. - 2023:AHC:127960

Court No. - 48

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26478 of 2023

Applicant :- Usman Opposite Party :- State of U.P. Counsel for Applicant :- Afzal Ali,Nitish Kumar Soni Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

1. Heard Sri Afzal Ali, learned counsel for the applicant and learned A.G.A. on behalf of the State and perused the record.

1. The instant bail application has been filed on behalf of the accused-applicant with a prayer to release the accused-applicant on regular bail in Case Crime No. 229 of 2023, under Section 2/3 UP Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at P.S. Sardhana, District Meerut.

1. The prosecution case, in brief, is that the accused-applicant is involved in Case Crime No. 110 of 2022, under sections 3/5/8 Cow Slaugher Act, P.S. Sardhana, District Meerut and based on the sole case, the proceedings of Gangsters Act, 1986 has been invoked against the applicant in the said case.

1. Learned counsel for the accused-applicant submits that the applicant is innocent and has been falsely implicated in the present case due to an ulterior motive. He further submits that the charge sheet in Case Crime No. 110 of 2022 has already been filed, and the accused applicant had already been enlarged on anticipatory bail by the trial court court vide order dated 28.06.2022 passed in Anticipatory Bail Application No. 3847 of 2022. He further submits that the police have invoked the provisions of the Gangsters Act malafidely with an ulterior motive. The accusedapplicant has already been enlarged on bail in the leading case and could not be released from jail because of the present case. The applicant-accused further undertake to cooperate in the trial and would not misuse the liberty, if enlarged on bail in the captioned bail application.