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2023 DIGILAW 222 (ALL)

Uvaid @ Uvaidulla v. State of U. P.

2023-01-23

SAMEER JAIN

body2023
JUDGMENT : 1. Supplementary affidavit filed today on behalf of applicant, is taken on record. 2. Heard Sri Ajay Kumar Mishra, learned counsel for the applicant and Sri Amit Kumar Shukla, learned Brief Holder, for the State. 3. The instant bail application has been moved on behalf of the applicant with the prayer to release him on bail in Case Crime No.346 of 2022 under Section 3(1) U.P.Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station Rahra, District Amroha during pendency of the trial. 4. Applicant was made accused in the present case on the basis of solitary case shown against him in the gang chart. 5. Learned counsel for the applicant submitted that on the basis of solitary case shown in the gang chart, applicant has been made accused in the present matter. He further submitted that applicant is neither member nor leader of any gang and he never indulged in any anti-social activity and in the case shown in the gang chart, he has already been released on bail. He further submitted that apart from the case shown in the gang chart, applicant is having criminal history of nine other cases to his credit and in all nine cases he has been released on bail and in the present matter, he is in jail since 14.11.2022, therefore, he may be released on bail. 6. Per contra, learned AGA opposed the prayer for bail but could not dispute the factual arguments advanced by learned counsel for the applicant. 7. I have heard learned counsel for the parties and perused the record of the case. 8. It appears that on the basis of one case shown in the gang chart, applicant made accused in the present case and in the case shown in the gang chart, he has already been enlarged on bail although apart from the case shown in the gang chart, applicant is having criminal history of nine other cases but in these cases also applicant has already been released on bail and in the present matter, he is in jail since November, 2022, therefore, this Court is of the view that it is a fit case to release the applicant on bail. 9. In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. 9. In the light of discussions made above, without expressing any opinion on the merits of the case, the instant bail application is allowed. 10. Let the applicant-Uvaid @ Uvaidulla be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted. (ii) 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 or any police officer or tamper with the evidence. (iii) The applicant shall not indulge in any criminal and antisocial activity. 11. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.