Rafe v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49808 of 2023 Applicant :- Rafe Opposite Party :- State of U.P. Counsel for Applicant :- Shiva Kant Srivastava,Pradeep Chauhan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Shiva Kant Srivastava, learned counsel for the applicant as well as Sri Arun Kumar Mishra, learned AGA for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 645 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Jiyanpur, District Azamgarh, 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 one criminal case shown in the gang chart in which he has already been enlarged on bail by the court concerned. He has been falsely implicated in the present case due to police rivalry. He is not a member of any gang. The applicant is not a previous convict. The applicant is languishing in jail since

25.09.2023 and in case, he is enlarged on bail, he will not misuse the liberty of bail.

¶5Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant.

¶6Without expressing any opinion on the merits, the bail application is allowed. Let the applicant Rafe involved in aforesaid 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 with the following conditions that :- i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶7In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. (Justice Krishan Pahal) Order Date :- 30.11.2023 Siddhant High Court of Judicature at Allahabad