Arjun Rana v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42271 of 2023 Applicant :- Arjun Rana Opposite Party :- State of U.P. Counsel for Applicant :- Jai Prakash Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard Jai Prakash, learned counsel for the applicant, Sri Pankaj Kumar Tripathi, learned AGA for the State and perused the record.

¶2The instant bail application has been moved on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.558 of 2018, under Section 2/3 of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Nauchandi, District Meerut, during pendency of the trial.

¶3It is argued by the learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is also argued that the prosecution under the Gangsters Act has been launched against the applicant on the basis of six cases shown in the gang chart which have been explained in paragraph-7 of the bail application. The applicant is a law abiding citizen. He has been implicated in the present case due to police rivalry. He is not the member of any gang. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 13.03.2018. In case the applicant is released on bail, he will not misuse the said liberty.

¶4Learned AGA has vehemently opposed the bail application and submitted that apart from the six cases shown against the applicant, there is also criminal history of six more cases against him in which the allegation of heinous crime such as murder under Section 302 and attempt to murder under Section 307 IPC was levelled against the applicant on which basis he submits that there is apprehension that in case he is released on bail, he may harm the society and, therefore, this application be rejected.

¶5Considering the facts and circumstances of the case and the criminal history of the applicant particularly under Sections 302 and 307 IPC, this Court is not inclined to grant bail to the applicant at this stage. This Court is not satisfied that there are reasonable grounds for believing that he is not guilty of such offence and he would not commit any offence while on bail.

¶6Accordingly, the bail application is rejected at this stage. Order Date :- 19.10.2023 Shahroz High Court of Judicature at Allahabad