State of U.P v. Party

further a First Information Report was lodged by SHO, Yogendra Malik against Jatindar and the applicant- Devendra alias Davinder alias Davindra Singh for the 2 BAIL No. 19341 of 2025 offence under Section 2/3 of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, police station Kavinagar, district Ghaziabad.

3. Heard Mr. Vinay Kumar Singh and Mr. Umesh Singh, learned counsel for the applicant, Mr. Rajesh Kumar Rao, learned Additional Government Advocate representing the State and Mr. Surendra Tiwari, learned counsel complainant in base case (crime no.278 of 2024).

4. It is argued by learned counsel for the applicant that in both the aforesaid cases applicant has been granted bail. It is next pointed out that in Case Crime No. 236 of 2023, applicant has been granted bail vide order dated

09.05.2025 of the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 2207 of 2025 and copy of bail order dated 09.05.2024 has been brought on record as Annexure No. 3 to the affidavit filed in support of the bail application. In Case Crime No. 278 of 2024, applicant has been granted bail vide order dated 17.12.2024 of the trial Court and copy of said bail order has been filed as Annexure No. 4 to the affidavit filed in support of the bail application. It is further submitted that apart from aforesaid two cases shown in gang chart, seven complainant cases under Section 138 N.I. Act have been filed against the applicant, in which applicant has been granted bail, copies whereof have been filed as Annexure No. 3 to the supplementary affidavit dated 11.07.2025. Applicant is neither gang leader nor member of any gang but he has been falsely implicated in this case. It is also pointed out that co-accused-Jatinder has been granted bail vide order dated 08.05.2025 by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 8668 of 2025, therefore, the applicant, who is languishing in jail since 03.10.2024, may also be enlarged on bail. Lastly it is submitted that in case applicant is released on bail, he will not misuse the liberty and will co-operate with the trial without seeking any 3 BAIL No. 19341 of 2025 adjournment.

5. On the other hand, learned Additional Government Advocate for the State and learned counsel for complainant in base case (Crime No. 278 of 2024), vehemently opposed the prayer for bail by contending that in the present case, coordinate Bench without considering the material on record granted bail to co-accused Jatinder vide order dated

08.05.2025. So far as bail granted to applicant vide order dated 17.12.2024 in Case Crime No. 278 of 2024 is concerned, it is submitted that the first informant of the base Case Crime No. 278 of 2024, has preferred Criminal Misc. Bail Cancellation Application No. 100 of 2025 seeking cancellation of bail order 17.12.2025 of the applicant, in which on 04.03.2025 notice has been issued by the co- ordinate Bench of this Court to the applicant and co- accused, therefore bail application of the applicant is liable to be dismissed.

6. In response, learned counsel for the applicant submits that co-accused Jatinder has been granted bail on

08.05.2025, after the order dated 04.03.2025 passed in Criminal Misc. Bail Cancellation Application No. 100 of

7. Having heard learned counsel for the parties, I find that though the learned Additional Government Advocate and learned counsel for the complainant of base case as noted above, opposed the prayer for bail but they do not dispute that the case of present applicant-Devendra alias Davinder alias Davindra Singh stands on similar footing to that of co- accused Jatinder, who has been granted bail vide order dated 08.05.2025 of the co-ordinate Bench after hearing the counsel for the State and Mr. Surendra Tewari, counsel for the first informant in base Case Crime No. 278 of 2024 and that too after the order dated 04.03.2025 passed in Criminal Misc. Bail Cancellation Application No. 100 of 4 BAIL No. 19341 of 2025

2025. On putting query by the Court, they also submit that as on date, the order dated 08.05.2025 granting bail to co- accused-Jatinder has not been challenged before the Hon'ble Apex Court and as such the said bail order has attained finality. Hence, the applicant has also made out a prima facie case for bail on the ground of parity.

8. Since this Court is granting bail to the present applicant on the ground of parity, hence detail discussion about the merit of the case is not required.

9. Accordingly, the bail application of the applicant is hereby allowed.

10. Let the applicant-Devendra alias Davinder alias Davindra Singh, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate in the expeditious disposal of the trial without seeking any adjournment and shall appear before the trial Court on each dates. (ii) That 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

11. In case of breach of any of the conditions mentioned above, it will be open for the State or the complainant of 5 BAIL No. 19341 of 2025 base cases to move bail cancellation application before this Court.

12. It is clarified that observations made herein above are limited to the extent of determination of this bail application and will in no way be construed as an expression on the merits of the case.

13. The trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence to be adduced uninfluenced by anything mentioned in the order.

14. The trial Court shall make an endeavour to conclude the trial of the applicant expeditiously without granting any unnecessary adjournments to either of the parties in light of the provisions of Section 12 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986.

15. It is made clear that since the bail of the applicant is being granted only on the ground of parity of the order dated 08.05.2025 of co-accused Jatinder, therefore, in case, the order dated 08.05.2025 granting bail to the co- accused-Jatinder, is challenged before the Hon'ble Apex Court and the said order is set aside, in that event it will be open to the prosecution to bring on record the said facts by moving an appropriate bail cancellation application before this Court. August 27, 2025 Kashifa (Sanjay Kumar Singh,J.) KASHIFA High Court of Judicature at Allahabad

further a First Information Report was lodged by SHO, Yogendra Malik against Jatindar and the applicant- Devendra alias Davinder alias Davindra Singh for the 2 BAIL No. 19341 of 2025 offence under Section 2/3 of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, police station Kavinagar, district Ghaziabad.

3. Heard Mr. Vinay Kumar Singh and Mr. Umesh Singh, learned counsel for the applicant, Mr. Rajesh Kumar Rao, learned Additional Government Advocate representing the State and Mr. Surendra Tiwari, learned counsel complainant in base case (crime no.278 of 2024).

4. It is argued by learned counsel for the applicant that in both the aforesaid cases applicant has been granted bail. It is next pointed out that in Case Crime No. 236 of 2023, applicant has been granted bail vide order dated

09.05.2025 of the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 2207 of 2025 and copy of bail order dated 09.05.2024 has been brought on record as Annexure No. 3 to the affidavit filed in support of the bail application. In Case Crime No. 278 of 2024, applicant has been granted bail vide order dated 17.12.2024 of the trial Court and copy of said bail order has been filed as Annexure No. 4 to the affidavit filed in support of the bail application. It is further submitted that apart from aforesaid two cases shown in gang chart, seven complainant cases under Section 138 N.I. Act have been filed against the applicant, in which applicant has been granted bail, copies whereof have been filed as Annexure No. 3 to the supplementary affidavit dated 11.07.2025. Applicant is neither gang leader nor member of any gang but he has been falsely implicated in this case. It is also pointed out that co-accused-Jatinder has been granted bail vide order dated 08.05.2025 by the coordinate Bench of this Court in Criminal Misc. Bail Application No. 8668 of 2025, therefore, the applicant, who is languishing in jail since 03.10.2024, may also be enlarged on bail. Lastly it is submitted that in case applicant is released on bail, he will not misuse the liberty and will co-operate with the trial without seeking any 3 BAIL No. 19341 of 2025 adjournment.

5. On the other hand, learned Additional Government Advocate for the State and learned counsel for complainant in base case (Crime No. 278 of 2024), vehemently opposed the prayer for bail by contending that in the present case, coordinate Bench without considering the material on record granted bail to co-accused Jatinder vide order dated

08.05.2025. So far as bail granted to applicant vide order dated 17.12.2024 in Case Crime No. 278 of 2024 is concerned, it is submitted that the first informant of the base Case Crime No. 278 of 2024, has preferred Criminal Misc. Bail Cancellation Application No. 100 of 2025 seeking cancellation of bail order 17.12.2025 of the applicant, in which on 04.03.2025 notice has been issued by the co- ordinate Bench of this Court to the applicant and co- accused, therefore bail application of the applicant is liable to be dismissed.

6. In response, learned counsel for the applicant submits that co-accused Jatinder has been granted bail on

08.05.2025, after the order dated 04.03.2025 passed in Criminal Misc. Bail Cancellation Application No. 100 of

7. Having heard learned counsel for the parties, I find that though the learned Additional Government Advocate and learned counsel for the complainant of base case as noted above, opposed the prayer for bail but they do not dispute that the case of present applicant-Devendra alias Davinder alias Davindra Singh stands on similar footing to that of co- accused Jatinder, who has been granted bail vide order dated 08.05.2025 of the co-ordinate Bench after hearing the counsel for the State and Mr. Surendra Tewari, counsel for the first informant in base Case Crime No. 278 of 2024 and that too after the order dated 04.03.2025 passed in Criminal Misc. Bail Cancellation Application No. 100 of 4 BAIL No. 19341 of 2025

2025. On putting query by the Court, they also submit that as on date, the order dated 08.05.2025 granting bail to co- accused-Jatinder has not been challenged before the Hon'ble Apex Court and as such the said bail order has attained finality. Hence, the applicant has also made out a prima facie case for bail on the ground of parity.

8. Since this Court is granting bail to the present applicant on the ground of parity, hence detail discussion about the merit of the case is not required.

9. Accordingly, the bail application of the applicant is hereby allowed.

10. Let the applicant-Devendra alias Davinder alias Davindra Singh, be released on bail in the aforesaid case crime number 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) That the applicant shall cooperate in the expeditious disposal of the trial without seeking any adjournment and shall appear before the trial Court on each dates. (ii) That 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 to any police officer or tamper with the evidence. (iii) That after his release, the applicant shall not involve in any criminal activity. (iv) The identity, status and residential proof of sureties will be verified by court concerned before the release of the applicant on bail.

11. In case of breach of any of the conditions mentioned above, it will be open for the State or the complainant of 5 BAIL No. 19341 of 2025 base cases to move bail cancellation application before this Court.

12. It is clarified that observations made herein above are limited to the extent of determination of this bail application and will in no way be construed as an expression on the merits of the case.

13. The trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence to be adduced uninfluenced by anything mentioned in the order.

14. The trial Court shall make an endeavour to conclude the trial of the applicant expeditiously without granting any unnecessary adjournments to either of the parties in light of the provisions of Section 12 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986.

15. It is made clear that since the bail of the applicant is being granted only on the ground of parity of the order dated 08.05.2025 of co-accused Jatinder, therefore, in case, the order dated 08.05.2025 granting bail to the co- accused-Jatinder, is challenged before the Hon'ble Apex Court and the said order is set aside, in that event it will be open to the prosecution to bring on record the said facts by moving an appropriate bail cancellation application before this Court. August 27, 2025 Kashifa (Sanjay Kumar Singh,J.) KASHIFA High Court of Judicature at Allahabad