BA1/2433/2024 on 14 May, 2025

Uttarakhand High Court

BA1/2433/2024 on 14 May, 2025

                                                                  2025:UHC:3925
              Office Notes,
             reports, orders
             or proceedings
SL.
      Date    or directions               COURT'S OR JUDGE'S ORDERS
No.
             and Registrar's
               order with
               Signatures
                               BA1/2433/2024

                               Hon'ble Alok Mahra, J.

Mr. Gaurav Singh, learned counsel
for the applicant.

2. Mr. Deepak Bisht, learned Deputy
Advocate General assisted by Mr. Prabhat
Kandpal, Brief Holder for the State.

3. Applicant- Waseem, who is in
Judicial custody in connection with Case
Crime/FIR No. 107 of 2024, under
Sections 2/3 of the U.P. Gangsters and
Anti Social Activities (Prevention) Act,
1986, registered at Police Station Piran
Kaliyar, District Haridwar, has sought his
release on bail.

4. Heard learned counsel for the
parties and perused the material available
on record.

5. Learned counsel for the applicant
submits that the applicant has been
implicated for the offence punishable
under Section 2/3 of the U.P. Gangsters
and Anti Social Activities (Prevention) Act,
1986 on the basis of following cases:

(i) FIR/Case Crime No. 389 of 2021,
under Section 8/21 of the NDPS Act,
PS Piran Kaliyar, District Haridwar.

(ii) FIR/Case Crime No. 142 of 2022,
under Section 8/21 of the NDPS Act,
2025:UHC:3925
PS Piran Kaliyar, District Haridwar.

(iii) FIR/Case Crime No. 466 of 2022,
under Section 3/4 of the Gunda Act.

(iv) FIR/Case Crime No. 461 of 2023,
under Sections 379 and 411 IPC, PS
Piran Kaliyar, District Haridwar.

(v) FIR/Case Crime No. 389 of 2021,
under Section 8/21 of the NDPS Act,
PS Piran Kaliyar, District Haridwar.

(vi) (v) FIR/Case Crime No. 462 of 2023,
under Sections 379 and 411 IPC, PS
Piran Kaliyar, District Haridwar.

(vi) FIR/Case Crime No. 370 of 2023,
under Section 8/21 of the NDPS Act,
PS Piran Kaliyar, District Haridwar.

And

(vii) FIR/Case Crime No. 754 of 2023,
under Sections 379 and 411 IPC, PS
Kotwali Roorkee, District Haridwar.

6. Learned counsel for the applicant
submits that the applicant has falsely
been implicated in the present case; the
provisions contained under Section 2/3 of
the Gangsters Act have been invoked
solely on the ground of the above said
criminal cases, which are pending against
the applicant. Besides this, in one case,
the applicant has been convicted under
Sections 379/411 IPC on the basis of his
confession and he has been released on
the ground of his period undergone in
judicial custody.

7. Learned counsel further submits that
in all other cases, the applicant has been
enlarged on bail. He also submits that
offence under Sections 379 and 411 IPC
do not cause any violence, threat,
2025:UHC:3925
intimidation, coercion etc. therefore,
conviction of applicant’s under the
aforesaid offence is not sufficient for
invoking provisions of Gangsters Act and
the applicant is languishing in jail for the
last six months.

8. On the contrary, learned State
Counsel vehemently opposed the bail. He
also submits that the applicant was
convicted based on confession, therefore,
he is not entitled to be released on bail.

9. Considering the submission of
learned counsel for the parties and
without expressing any opinion as to the
final merits of the case, this Court is of the
view that application deserves bail at this
stage.

10. Accordingly the bail application is
allowed.

11. Let the applicant be released on bail,
on his executing personal bond and
furnishing two reliable sureties, each of
like amount, to the satisfaction of Court
concerned.

(Alok Mahra, J.)
14.05.2025
Kaushal