Azad Ahmad v. State of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14242 of 2023 Applicant :- Azad Ahmad Opposite Party :- State Of U.P Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. Counsel for Applicant :- Saurabh Kumar Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Saurabh Kumar, learned counsel for the applicant, Sri H.S.Maurya, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 309 of 2023, under Sections 2(B)

(1)/3 U.P. Gangster & Anti Social Activities (Prevention), Act, registered at Police Station Jagdishpur, District Amethi.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 29.08.2023 against three persons, including the applicant, alleging that accused persons have formed a gang and they are engaged in commission of the offence.

¶4Gang chart mentions involvement of the applicant in 3 other cases in all of which he has been granted bail.

¶5In the affidavit filed in support of bail application, it has been stated that the applicant is not involved in any case other than the case mentioned in the gang chart.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated in the present case solely on the basis of his involvement in 3 other cases in all of which he has been granted bail and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Azad Ahmad be released on bail in aforementioned case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 4.12.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench