Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5710

of 2022

Applicant :- Aasif

Opposite Party :- State of U.P.

Counsel for Applicant :- Sunil Kumar Dubey

Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for the applicant as well as learned

A.G.A. for the State and perused the record.

The accused- applicant, Aasif is involved in Case Crime

No.1143 of 2021, under Section 2/3 of Gangsters Act, Police

Station Baghpat, District- Baghpat.

It is argued by learned counsel for the applicant that there is

criminal history of five cases that has been shown in the gang

chart against the applicant and he is on bail in all the five cases.

An additional criminal history of four cases has also been

shown against the applicant apart from the cases mentioned in

the gang chart and the applicant is on bail in all those four cases

also. The bail orders regarding cases mentioned in the gang

chart are appended with the paper-book and the bail orders

regarding additional criminal history of four cases are appended

with the supplementary affidavit. The applicant is languishing

in jail since 01.12.2021 and in case he is enlarged on bail he

will not misuse the liberty of bail. Hence, bail has been prayed

for.

Learned A.G.A. has opposed the bail application but could not

contradict the facts mentioned by the applicant's counsel.

Having heard the submissions of learned counsel of both the

parties, considering the seriousness of the charge and the

severity of punishment in case of conviction and the nature of

supporting evidence, prima facie satisfaction of the Court in

support of the charge, reformative theory of punishment, and

larger mandate of the Article 21 of the Constitution of India, the

dictum of Apex Court in the case of Dataram Singh v. State of

U.P. and another, reported in (2018) 2 SCC 22 and without

expressing any opinion on the merit of the case, I find it to be a

case of bail.

Let the applicant, Aasif, who is involved in aforesaid 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.

1. The applicant will attend and co-operate in the trial pending

before the court concerned on the dates fixed after release.

2. He will not tamper with the witnesses.

3. He will not indulge himself in any illegal activities during the

bail period.

The identity, status and residential proof of sureties will be

verified by the court concerned and in case of breach of any of

the above conditions, the court below shall be at liberty to

cancel the bail and send the applicant to prison.

It is clarified that the observations, if any, made in this order are

strictly confined to the disposal of this bail application and must

not be construed to have any reflection on the ultimate merits of

the case.

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

ground for cancellation of bail.

Order Date :- 12.4.2022

Aditya

Digitally signed by ADITYA

KUSHWAHA

Date: 2022.04.12 17:24:02 IST

Reason:

Location: High Court of Judicature at

Allahabad