Haider v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44006 of 2023 Applicant :- Haider Opposite Party :- State of U.P. Counsel for Applicant :- Zafar Ali,Arun Kumar Sharma,Junaid Ahamad Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Heard Sri Arun Kumar Sharma, 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.766 of 2022, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Bannadevi, District Aligarh, 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 two cases shown in the gang chart which are triable by the Magistrate. Apart from the cases mentioned in the gang charge there is criminal history of one other case against the applicant which has been mentioned in paragraph-3 of the supplementary affidavit in which he has been enlarged on bail. 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

04.08.2022. 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 facts, circumstances and the submissions made but without commenting on the merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶7Let the applicant - Haider, 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 :- 16.11.2023 Shahroz High Court of Judicature at Allahabad