Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1880 of

2023

Applicant :- Pradeep

Opposite Party :- State of U.P.

Counsel for Applicant :- Anand Pati Tiwari

Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard Sri Anand Pati Tiwari, learned counsel for the applicant, Sri

Ram Adhar Ram, learned A.G.A. for the State and perused the

record.

The instant bail application has been filed with a prayer to release

the applicant on bail in Case Crime No. 250 of 2020, registered

under Sections 2/3 of U.P. Gangster and Anti Social Activities

(Prevention) Act, Police Station Arniya, District Bulandshahr

during pendency of the trial.

Learned counsel for the applicant submitted that two cases are

shown in the gang chart on that account provisions of Gangster Act

has been imposed. He further submitted that the applicant is

innocent and has been falsely implicated in the present case due to

ulterior motive. The applicant has been granted bail in the cases

shown in the gang chart which is annexed as Annexure 2 to the

affidavit. The applicant has two other cases except the cases shown

in the gang chart in which he has been granted bail, copy of bail

orders have been annexed as Annexure 3 to the affidavit. Co-

accused, namely, Sachin Kumar and Ravi Kumar have been

granted bail by co-ordinate Bench of this Court vide orders dated

18.02.2021 and 09.08.2021 respectively, and the applicant's case is

identical to the co-accused, hence, the applicant is also entitled for

bail on the ground of same footing. The applicant neither involved

in any anti social activities nor a leader of any gang. The applicant

is languishing in jail since 24.02.2021. In case, the applicant is

released on bail, he will not misuse the liberty of bail and co-

operate in trial.

Learned A.G.A. has opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case,

submissions of learned counsel for the parties and keeping in view

the nature of offence, evidence, complicity of accused and without

expressing any opinion on the merits of the case and the law laid

down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. &

Another, S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view

that the applicant has made out a case for bail. The bail application

is allowed.

Let the applicant, Pradeep, who is 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 following conditions. Further, before issuing

the release order, the sureties be verified.

1. The applicant shall not tamper with the prosecution evidence by

intimidating/ pressurizing the witnesses, during the investigation

or trial.

2. The applicant shall cooperate in the trial sincerely without

seeking any adjournment.

3. The applicant shall not indulge in any criminal activity or

commission of any crime after being released on bail.

In case of breach of any of the above conditions, it shall be a

ground for cancellation of bail.

Order Date :- 10.2.2023

Nitin Verma

Digitally signed by :-

NITIN KUMAR VERMA

High Court of Judicature at Allahabad