Sharik v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43744 of 2023 Applicant :- Sharik Opposite Party :- State of U.P. Counsel for Applicant :- Syed Faiz Hasnain,Mohd. Hasham,Syed Riyaz Askari Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Supplementary affidavit filed by learned counsel for the applicant is taken on record.

¶3Heard Sri Vivek Kumar Mishra, Advocate holding brief of Sri Syed Faiz Hasnain, learned counsel for the applicant, Sri S.P. Pandey, learned A.G.A. for the State and perused the material placed on record.

¶4By means of the present bail application, the applicant seeks bail in Case Crime No. 195 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Hazratnagar Garhi, District-Sambhal, during the pendency of trial.

¶5It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of one criminal case shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal case have been mentioned in paragraph-8 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. Learned counsel has further stated that there is a criminal history of three cases against the applicant, which has been explained in paragraph-7 of the affidavit accompanying the anticipatory bail application. The applicant is languishing in jail since 18.9.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶6On the other hand, learned AGA opposed the prayer for bail.

¶7Without expressing any opinion on the merits, the bail application is allowed. Let the applicant-Sharik, involved in aforementioned case be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶8In 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 applicant 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