Shadakat vs State Of U P

Court No. - 24

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42991 of 2017 Applicant :- Shadakat Opposite Party :- State Of U.P.

Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard Sri Ram Kumar Dubey, learned counsel for the applicant, learned A.G.A for the State and perused the record.

It is submitted by learned counsel for the applicant that as per F.I.R. one case shown against accused applicant. The applicant is on bail case shown in the F.I.R. The applicant has been falsely implicated in the present case. There is no credible evidence against him. He is languishing in jail since 02.08.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.

Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant Shadakat involved in Case Crime No. 342 of 2017, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Bhojpur, District -Moradabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Order Date :- 7.11.2017 A. Tripathi