Sachin v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50205 of 2023 Applicant :- Sachin Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J. 1 Supplementary affidavit has been filed today, which is taken on record.

¶2Heard Sri Ajay Kumar Jagdish, learned counsel for the applicant, learned AGA for the State and perused the record.

¶3The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 302 of 2023, under Section 2/3 UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Rampur Maniharan, District Saharanpur, 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 three cases, triable by the Magistrate, shown in the gang chart. The criminal history of the applicant has been explained through supplementary affidavit. The applicant is in jail since 27.09.2023. He is not the member of any gang. There is no independent witness against him. There is no likelihood of his abscondence or tampering with the evidence. In case the applicant is released 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 advanced by the counsel for the applicant.

¶6Having regard to the facts, circumstances and the submissions made but without commenting on 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 - Sachin, 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.

¶7In 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 :- 14.12.2023 RPD High Court of Judicature at Allahabad