Sachin Thakur @ Ashish Pratap Singh v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48025 of 2023 Applicant :- Sachin Thakur @ Ashish Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed by learned counsel for applicant in Court today, which is taken on record.

¶2Heard Sri Radhey Shyam Yadav, learned counsel for the applicant, learned AGA for the State and perused the record.

¶3By means of the present bail application, the applicant seeks bail in Case Crime No.457 of 2023, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Kotwali, Fatehgarh, District Farrukhabad, during the pendency of trial.

¶4It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of three cases shown in the gang which has been explained in paragraph-3 of the supplementary affidavit in which also he has been enlarged on bail. It is next contended that the co-accused persons, Lalman and Rajeev have already been enlarged on bail by co-ordinate Benches of this Court. He has been falsely 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 07.10.2023. In case, the applicant is released on bail, he will not misuse the said liberty.

¶5Learned AGA opposed the prayer for bail but has not disputed the aforesaid submissions of learned counsel for the applicant.

¶6Having regard to the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant - Sachin Thakur @ Ashish Pratap Singh involved in the aforesaid case crime 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.

¶8In 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 :- 8.11.2023 Imtiyaz High Court of Judicature at Allahabad