Naushad v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46249 of 2023 Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Chandra Gupta,Jai Ram Nishad,Shubham Prakash Gupta Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

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

¶2The applicant seeks bail in Case Crime No. 188 of 2022, under section 2/3 U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S. Rohta, District Meerut.

¶3Learned counsel for the applicant has submitted that four cases have been shown in the Gang Chart and in all the cases, the applicant has been granted bail. The applicant is in jail since

20.8.2022. Copies of the bail orders are annexed as Annexure-3 to the affidavit accompanying bail application. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶4Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact.

¶5Considering the fact that the applicant has been granted bail in all the cases shown against him, the applicant is entitled for the bail. Thus, the bail application is allowed.

¶6Let the applicant Naushad be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties of Rs.25000/- each with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 2.11.2023 Faridul High Court of Judicature at Allahabad