Rauf v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42181 of 2023 Applicant :- Rauf Opposite Party :- State of U.P. Counsel for Applicant :- Vipul Shukla Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

¶2The instant bail application has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 163 of 2022, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Powayan, District Shahjahanpur, during the pendency of the trial.

¶3Learned counsel for the applicant submits that according to the gang chart, 5 cases are shown against the applicant and in the said cases the applicant has been enlarged on bail. The bail orders have been annexed with the affidavit. It is further contended that the applicant is neither a gang leader nor a member of any gang. The criminal history of the applicant has been explained in supplementary affidavit. The applicant is in jail since 13.09.2021.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made above and the fact that the applicant has remained confined for more than two years, and after submission of the charge-sheet, there is no hope of early conclusion of trial, more so no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either temper with the evidence or delay the trial or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant-Rauf involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses; and,

(iii) the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 18.10.2023 S.Verma High Court of Judicature at Allahabad