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SAMIT GOPAL
Rahul Tiwari – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Anjani Kumar Shahwal, R.P.S. Chauhan, Raj Narayan Gupta.

JUDGMENT :

1. Heard Sri R.P.S. Chauhan, learned counsel for the applicant, Sri Ra Kumar Gupta, learned counsel for the State and perused the material on record.

2. This second bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Rahul Tiwari, seeking enlargement on bail during trial in connection with Case Crime No. 66 of 2021, under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at P.S. Aliganj, District Etah.

3. The first bail application of the applicant was rejected by this Court vide order dated 12.07.2021 passed in Crl. Misc. Bail Application No. 21222 of 2021 (Rahul Tiwari Vs. State of U.P.).

4. Learned counsel for the applicant argued that the applicant is in jail since 27.02.2021. It is argued that the trial in the present case has not yet started. It is further argued that the applicant is neither leader of any gang nor any member of any gang. It is further argued that co-accused Monu Katheriya, Abhay Dixit, Manu Gupta, Aman @ Amar @ Bhura, Mithun Kashyap, Krishna Gautam and Rohit Kori have been granted bail by coordinate Benches of this Court vide orders dated 23.10.2021, 21.12.2021, 13.

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