Manzoor v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41569 of 2023 Applicant :- Manzoor Opposite Party :- State of U.P. Counsel for Applicant :- Vipul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶2By means of the present bail application, the applicant seeks bail in Case Crime No.227 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Maharajganj, District Azamgarh, during the pendency of trial.

¶3It 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. The details of criminal cases have been mentioned in paragraph-9 of 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. It is further stated that there is no other criminal history of the applicant. The applicant is languishing in jail since 24.07.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶4Learned AGA opposed the prayer for bail but has not disputed the aforesaid submissions of learned counsel for the applicant.

¶5Having regard to the facts, circumstances and the submissions made but without expressing any opinion on the merits of the case, this Court is of opinion that the applicant has made out a case for grant of bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Manzoor, involved in the aforesaid 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶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 :- 19.10.2023 Shahroz High Court of Judicature at Allahabad