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2023 Supreme(Online)(All) 30618

ALLAHABAD HIGH COURT
NAWAB @ BHURE – Appellant
Versus
State – Respondent
BAIL/55460/2022



Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55460 of 2022

Applicant :- Nawab @ Bhure

Opposite Party :- State of U.P.

Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

It is contended that according to the gang chart the applicant is involved in three

cases and in the said cases the applicant has been granted bail, photocopies of

bail orders are annexed as Annexure-3 to the bail application. Apart from the

aforesaid cases the applicant is involved in five other cases and in said cases also

the applicant has been granted bail, photocopies of bail orders are annexed as

Annexure-1 to the supplementary affidavit. It is submitted that the applicant is

not a member of any gang nor a gang leader and he has been falsely implicated

in the present case due to ulterior motive and is in jail since 28.9.2022. In case,

he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily

dispute the aforesaid submissions from the record.

Perused the material on record.

Having regard to the submissions made but without commenting on merits of

the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

Let the applicant Nawab @ Bhure involved in case crime no.825 of 2022, under

Section 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986,

Police Station Chandpur, District Bijnor be released on bail on his furnishing a

personal bond and two local sureties each of the like amount to the satisfaction

of court concerned on the following conditions that:

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

2. the applicant shall not pressurize the prosecution witness;

3. the applicant shall appear on each and every date fixed by the trial court.

In case of breach of any of the above conditions, the prosecution shall be at

liberty to move bail cancellation application before this Court.

Order Date :- 19.1.2023

S.S.

Digitally signed by :-

SIDDHARTH SRIVASTAVA

High Court of Judicature at Allahabad

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