Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. -

961 of 2023

Applicant :- Shiv Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Mumtaz Ali

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

Supplementary affidavit by learned counsel for

applicant is taken on record.

By means of the the bail application the applicant

has prayed to be enlarged on bail in Case Crime

No.0566 of 2022 at Police Station-Dibai, District-

Bulandshahr under Sections 2/3 of Gangsters Act.

The applicant is in jail since 13.12.2022.

The bail application of the applicant was rejected

by the learned trial court on 15.12.2022.

The following arguments made by Shri Mumtaz

Ali, learned counsel on behalf of the applicant,

which could not be satisfactorily refuted by Shri

Sunil Kumar Srivastava, learned AGA from the

record, entitle the applicant for grant of bail:

(1). The applicant has been enlarged on bail in the

two criminal cases depicted in the gang chart.

(2). He is not a member of any criminal gang.

(3). The applicant has explained his criminal

history. It is also contended that the applicant

belongs to the economically poor strata of the

society and is a convenient scapegoat for the police

authorities. The applicant has been falsely

nominated in a number of cases only to show the

proficiency of the police investigators. The said

cases do not have any bearing on the instant bail

application.

(4). The applicant is not a flight risk. The applicant

being a law abiding citizen has always cooperated

with the investigation and undertakes to cooperate

with the court proceedings. There is no possibility

of his influencing witnesses, tampering with the

evidence or reoffending.

In the light of the preceding discussion and without

making any observations on the merits of the case,

the bail application is allowed.

Let the applicant- Shiv Kumar be released on bail

in the aforesaid case crime number, on furnishing a

personal bond and two sureties each in the like

amount to the satisfaction of the court below. The

following conditions be imposed in the interest of

justice:-

(i) The applicant will not tamper with the evidence

or influence any witness during the trial.

(ii) The applicant will appear before the trial court

on the date fixed, unless personal presence is

exempted.

Order Date :- 25.1.2023

Vandit

Digitally signed by :-

VANDIT AGRAWAL

High Court of Judicature at Allahabad