Happu @ Shiv Narayan @ Pappu v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43872 of 2023 Applicant :- Happu @ Shiv Narayan @ Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Mayank Upadhyay, Shiv Sagar Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶2The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 214 of 2023, under Sections 3 (1) of the Uttar Pradesyh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station-Balghat, District-Gorakhpur, during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Learned counsel for the applicant further contends that on the basis of six cases triable by the court of Magistrate concerned, the proceedings under the Gangster Act has been lodged against the applicant. In the aforesaid cases the accused-applicant has already been enlarged on bail. Copies of the bail orders have been enclosed as Annexure No. 4 to the application. The applicant has no criminal antecedent in his credit except the cases mentioned in the affidavit. He is in jail since 24.08.2023, in case he is enlarged on bail, he will not misuse the said liberty.

¶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 but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Happu @ Shiv Narayan @ Pappu, 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 temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; 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 :- 9.11.2023. Vinod. High Court of Judicature at Allahabad