Devendra vs State of U.P.

Neutral Citation No. - 2025:AHC:24373

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2517 of 2025

Applicant :- Devendra Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Shukla,Suraj Singh Chauhan Counsel for Opposite Party :- G.A.

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Hon'ble Ashutosh Srivastava,J.

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Heard learned counsel for the applicant and Sri Purshottam Maurya, learned A.G.A. for the State.

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The present bail application under Section 483 of B.N.S.S., 2023 has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No.108 of 2024, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention), Act, 1986, P.S. Ecotech-First, District- Gautam Budh Nagar.

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It is submitted by learned counsel for the applicant that there is only one case shown in the gang chart against applicant, in which case he is already on bail, the bail order is annexed as Annexure no.3 to the affidavit. It is specifically mentioned in paragraph 14 that applicant has no criminal history except the case shown in the gang chart. It is the submission of learned counsel for the applicant that applicant neither the gang leader or organizer or member of the gang and the provision of Gangster Act may not be applicable in the facts and circumstances of the case. Applicant is languishing in jail since 25.12.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Per contra, the learned A.G.A. has vehemently opposed the prayer for grant of bail but he could not dispute the aforesaid facts.

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The applicant in the present case has been implicated on the basis of the solitary case in the gang chart. It is not in dispute by learned A.G.A. that the applicant has already been enlarged on bail in the solitary case showing in the gang chart. Once the applicant has been enlarged on bail in previous criminal case shown in the gang chart which forms the foundation for lodging of the criminal case under the Gangster Act. This Court see no valid ground to

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detain the applicant in custody once the applicant has already been enlarged on bail in the case shown in the gang chart.

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Considering the facts and circumstances of the case, nature of offence, evidence, complicity of the accused, submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed .

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Let the applicant Devendra involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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i. The applicant will not tamper with the evidence during the trial.

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ii. The applicant will not pressurize/intimidate the prosecution witness.

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iii. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted and/ or the applicant shall make himself available for interrogation by a police officer as and when required.

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iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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v. The applicant shall not directly or indirectly make any 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 to any police officer or tamper with the evidence.

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vi. The applicant shall not leave India without the previous permission of the Court.

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vii. In the event, the applicant changes his residential address, the applicant shall inform the court concerned about new residential address in writing.

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

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Order Date :- 19.2.2025 Md Faisal

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Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad

Devendra v. State of U.P.

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Devendra v. State of U.P.

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