Court No. - 43

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22292 of

2022

Applicant :- Prabhan

Opposite Party :- State of U.P.

Counsel for Applicant :- Ashutosh Kumar Tiwari

Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

By means of this bail application the applicant has

prayed to be enlarged on bail in Case Crime No.64

of 2022 at Police Station-Kotwali Lalitpur, District-

Lalitpur under Section 2/3 of the Uttar Pradesh

Gangsters and Anti-Social Activities (Prevention)

Act, 1986. The applicant is in jail since

06.05.2022.

The bail application of the applicant was rejected

by learned Additional District and Sessions

Judge/learned Special Judge (U.P. Dacoity Affected

Area), Lalitpur on 11.05.2022.

Shri Ashutosh Kumar Tiwari, learned counsel for

the applicant contends that the applicant has been

falsely implicated in the instant case. The applicant

has been enlarged on bail in the solitary criminal

case depicted in the gang chart. He is not a member

of any criminal gang. Learned counsel for the

applicant contends that the applicant does not have

any criminal history apart from the above said case.

Shri Laldhari Rajbhar, learned A.G.A. could not

satisfactorily dispute the aforesaid submissions

from the record. He, however, does not dispute the

fact that the applicant does not have any criminal

history apart from this case.

I see merit in the submissions of the learned

counsel for the applicant and hold that the applicant

is entitled to be enlarged on bail.

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-Prabhan 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 concerned

subject to following conditions.

(i) The applicant will not tamper with the evidence

during the trial.

(ii) The applicant will not influence any witness.

(iii) The applicant will appear before the trial court

on the date fixed, unless personal presence is

exempted.

(iv) The applicant shall not directly or indirectly

make inducement, threat or promise to any person

acquainted with the facts of the case so as to

dissuade him from disclosing such facts to the

Court to any police officer or tamper with the

evidence.

In case of breach of any of the above condition, the

prosecution shall be at liberty to move bail

cancellation application before this Court.

Order Date :- 2.6.2022

Ashish Tripathi

Digitally signed by ASHISH NAYAN

TRIPATHI

Date: 2022.06.03 09:36:21 IST

Reason:

Location: High Court of Judicature at

Allahabad