Arpit and Another v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43802 of 2023 Applicant :- Arpit And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jadu Nandan Yadav,Agnivesh Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Jadu Nandan Yadav, learned counsel for the applicants, Sri S.P. Pandey, learned A.G.A. for the State and perused the material placed on record.

¶3By means of the present bail application, the applicants seek bail in Case Crime No. 144 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Thathiya, District-Kannauj, during the pendency of trial.

¶4It is argued by the learned counsel for the applicants that the prosecution under the Gangsters Act have been launched against the applicants on the basis of one criminal case shown in the gang chart in which they have already been enlarged on bail by the court concerned. The details of criminal case have been mentioned in paragraph -7 to the affidavit accompanying the bail application. They have been falsely implicated in the present case due to police rivalry. They are not the member of any gang. It is further stated that there are no other criminal history of the applicants. The applicants are languishing in jail since 20.9.2023. In case, the applicants are released on bail, they will not misuse the liberty of bail.

¶5On the other hand, learned AGA opposed the prayer for bail.

¶6Without expressing any opinion on the merits, the bail application is allowed. Let the applicants Arpit and Sonu Yadav @ Vipin Yadav, involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- i. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicants shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶7In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 13.10.2023 Vikas [Krishan Pahal, J.] High Court of Judicature at Allahabad