BA1/1501/2022 on 22 June, 2023

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Uttarakhand High Court

BA1/1501/2022 on 22 June, 2023

Bench: Alok Kumar Verma

         IN THE HIGH COURT OF UTTARAKHAND
                    AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA

                               22nd JUNE, 2023
             FIRST BAIL APPLICATION NO. 1501 of 2022

Between:

Sattar                                                     .....Applicant

and

State of Uttarakhand.                                      ...Respondent


Counsel for Applicant     :           Mr. Ramji Srivastava, Advocate.


Counsel for State       :             Ms. Manisha Rana Singh, AGA
                                      for the State.

Hon'ble Alok Kumar Verma,J.

Present Bail Application has been filed for grant of regular bail in connection with the Case Crime No.408 of 2021, registered at police station Kotwali Jwalapur, District Haridwar under Section 2(b)(xi) read with Section 3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

2. Heard Mr. Ramji Srivastava, learned counsel for applicant and Ms. Manisha Rana Singh, learned AGA for the State.

3. Learned counsel for the State has submitted that as per the instructions, received from the concerned police station, three cases (Case Crime No.204 of 2017, registered at police station Kotwali Jwalapur under Section 8/18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, "Act, 1985"), Case Crime No.222 of 2021, registered at police station Kotwali Jwalapur under Section 8/21/27A/29 of the Act, 1985 and Case 2 Crime No.223 of 2021, registered at police station Kotwali Jwalapur under Section 8/20/27A/29 of the Act, 1985 are pending against the applicant.

4. Mr. Ramji Srivastava, Advocate, has submitted that the applicant has been granted bail in all the said cases. In support of his submissions, he has filed copies of the bail orders. He further submitted that co-accused persons have already been granted bail, and, applicant is a permanent resident of District Haridwar.

5. Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

6. The Bail Application is allowed.

7. Let the applicant - Sattar be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned with the following conditions :-

i) Applicant shall attend the Trial Court regularly and he will not seek any unnecessary adjournment;

ii) Applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of this case.

8. It is clarified that if the applicant misuses or violates any of the conditions, imposed upon him, Prosecution will be free to move the court for cancellation of bail.

___________________ ALOK KUMAR VERMA, J.

Dated 22.06.2023 Pant/

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Uttarakhand High Court