Intzar v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51351 of 2023 Applicant :- Intzar Opposite Party :- State of U.P. Counsel for Applicant :- Pawan Singh Pundir Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Adarsh Tiwari, Advocate holding brief of Sri Pawan Singh Pundir, learned counsel for the applicant as well as Sri Ashutosh Srivastava, learned AGA for the State and perused the material placed on record.

¶3Applicant seeks bail in Case Crime No. 479 of 2023, under Sections 2 & 3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Budhana, District Muzaffarnagar, 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. Criminal history of one more case has been assigned to the applicant which has been explained. 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 01.10.2023 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 Intzar 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 :- 1.12.2023 Siddhant High Court of Judicature at Allahabad