LAWS(ALL)-2022-9-83

BABLU Vs. STATE OF U.P.

Decided On September 15, 2022
BABLU Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard learned counsel for the respective parties.

(2.) The present bail application has been filed by the applicant- Bablu @ Nabav Haidar with a prayer to enlarge him on bail in Case Crime No.142 of 2022, under Sec. 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station Hazrat Nagar Garhi, District Sambhal.

(3.) Learned counsel for the applicant submits that he has been falsely implicated in the present case. It is further submitted that only two cases is shown in the gang chart against the applicant, in which, he has already been enlarged on bail, copies of the bail orders have been annexed as Annexure Nos.3 and 4 to the affidavit filed in support of the bail application; learned counsel for the applicant has further submitted that accused, namely, Rehbar Hasan, has already been enlarged on bail by this Court vide order dtd. 6/8/2022 passed in Criminal Misc. Bail Application No.33161 of 2022, copy of the said order has been produced in the Court, which is taken on record, therefore, applicant is also entitled to bail on the ground of parity; applicant is having no criminal antecedents. It is next urged that there is no possibility of his fleeing away from the judicial process or tampering with the witnesses and in case, he is enlarged on bail, the same shall not be abused. The applicant is in jail since 7/7/2022, hence, he is entitled to bail.