JAIKISHAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case and he has not committed the alleged offence. It is further submitted that six cases have been shown against the applicant in the Gang Chart and in the said cases, the applicant has been granted bail, copies of the bail orders have been annexed in the affidavit filed in support of bail application. There is criminal history of two other cases and applicant has been granted bail in both the cases. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 18.09.2020 undertakes that he will not misuse the liberty, if granted.

(3.) Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts. Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another , 2018 3 SCC 22 , larger mandate of Article 21 of the constitution of India, without expressing any opinion on the merit of the case, let the applicant- Jaikishan @ Rohit , involved in Case Crime No. 850 of 2020, under Section- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Sector 20, District Gautam Budh Nagar, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.