Anjali Tyagi vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No. 364 of 2023, registered at police station Bahadarabad, District Haridwar under Section 2(b)(i), Section 2(b)(xi) read with Section 3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.

The First Information Report was lodged by the informant-Ravindera Shah that the applicant is a member of the gang. Public are afraid of her. As per the gang chart, annexed with the First Information Report, following five criminal cases are pending against the applicant;

(i) Case Crime No. 405 of 2018 registered under Section 420 of the Indian Penal Code, 1860.

(ii) Case Crime No. 273 of 2019 registered under Section 420 of the Indian Penal Code, 1860.

(iii) Case Crime No. 274 of 2019 registered under Section 420 of the Indian Penal Code, 1860.

(iv) Case Crime No. 275 of 2019 registered under Section 420 of the Indian Penal Code, 1860.

(v) Case Crime No. 281 of 2019 registered under Section 420 of the Indian Penal Code, 1860.

Heard Mr. Sharang Dhulia, learned counsel for the applicant and Mr. M. A. Khan, learned A.G.A. for the State.

Mr. Sharang Dhulia, Advocate, contended that the applicant has been falsely implicated in the present matter. Applicant-Anjali Tyagi, aged about 34 years, is not a previous convict. She is in custody since 18.09.2023. She is a permanent resident of District Ghaziabad, therefore, there is no chance of her absconding. She has been granted bail in all the above mentioned five criminal cases. Therefore, at this stage, these circumstances give rise to a reasonable ground to presume that the applicant may not be held guilty of the alleged offence and there is nothing on record which may give rise to a reasonable apprehension that the applicant is likely to commit any other offence, in case, she is released on bail.

Mr. M.A. Khan, learned A.G.A. for the State has opposed the bail application. However, he has fairly conceded that the applicant is not a previous convict and she has been granted bail in all the five criminal cases.

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.

The Bail Application is allowed.

Let the applicant-Anjali Tyagi be released on bail on her 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 not directly or indirectly make any inducement, threat or promise to any person, acquainted with the facts of this case;

(ii) Applicant shall cooperate with the Investigating Agency and she shall make herself available at the time of interrogation by the Investigating Agency as and when required;

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