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2023 Supreme(All) 448

KRISHAN PAHAL
Kamlesh Pathak – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Umesh Singh, Swati Agrawal Srivastava
For the Respondent: Anurag Shukla, Dharmendra Shukla

JUDGMENT :

1. List has been revised.

2. Supplementary affidavit filed today is taken on record.

3. Heard Shri V.P. Srivastava, learned Senior Counsel assisted by Ms. Swati Agrawal Srivastava, counsel for the applicant and Shri Anil Tiwari, learned Senior Counsel assisted by Shri Anurag Shukla, counsel for the informant as well as Shri Vibhav Anand Singh, learned A.G.A. for the State.

4. By means of the present bail application, the applicant seeks bail in Case Crime No.462 of 2020, under Section 3(1) of Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Auraiya, District-Auraiya, during the pendency of trial.

PROSECUTION STORY:

5. As per prosecution story, Ram Sahai, Station House Officer, P.S. Auraiya, District Auraiya alongwith other colleagues, in an official duty, was checking the vehicles and was involved in maintaining peace and order in the area and also to maintain lockdown in lieu of Covid-19 conditions by the order dated 11.07.2020 of District Magistrate. He received an information that Kamlesh Pathak is running an organized and active gang in the area as its’ leader. The members of the said gang are (i) Ramu Pathak (ii), Santosh Pathak, (

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