Anoop v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47611 of 2023 Applicant :- Anoop Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Learned Sri Pankaj Dwivedi, counsel for the applicant has filed supplementary affidavit today in Court, which is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

¶3The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 352 of 2023, under Sections 2 (b) iii / 3 of U.P. Gangster Act & Anti Social Activities (Prevention) Act, 1986, Police Station-Aroan, District-Firozabad, during the pendency of trial.

¶4Counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the instant case. It is further submitted that the applicant has been implicated in only one case, in which he has been enlarged on bail. Learned counsel for the applicant has explained criminal case of another case, in which the applicant has also been enlarged on bail by the Coordinate Bench of this Court. Copy of the bail order has been annexed as Annexure No. SA-1 to the supplementary affidavit. The applicant is not the member of any gang. The applicant has no criminal antecedent in his credit except the cases mentioned in the affidavit. The applicant is in jail since 29.09.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶5Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having 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.

¶7Let the applicant - Anoop, 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 :- 4.12.2023 Vinod. High Court of Judicature at Allahabad