Pushpendra v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51558 of 2023 Applicant :- Pushpendra Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1Supplementary affidavit filed by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant and Sri R.P. Patel, learned A.G.A. for the State and perused the material placed on record.

¶2By means of the present bail application, the applicant seeks bail in Case Crime No. 123 of 2023, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Mundali, District-Meerut, during the pendency of trial.

¶3It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of one criminal case shown in the gang chart. The details of criminal case have been mentioned in paragraph 8 of the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. Learned counsel has further stated that there is a criminal history of 13 cases against the applicant, which has been explained in the affidavit annexed with the bail application and in the supplementary affidavit. The applicant is languishing in jail since 31.10.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶4Learned AGA opposed the prayer for bail but has not disputed the aforesaid submissions of learned counsel for the applicant.

¶5Without expressing any opinion on the merits, the bail application is allowed. Let the applicant Pushpendra involved in 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 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.

¶6In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. (Justice Krishan Pahal) Order Date :- 2.12.2023\Shalini High Court of Judicature at Allahabad