Gaurav Sharma Alias Jhandu 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.480 of 2018, registered at police station Gangnahar, Roorkee, District Haridwar under Section 2 read with Section 3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986 (as applicable in the State of Uttarakhand) (hereinafter referred to as, “Act, 1986”).

The First Information Report was lodged by Mr. Pradeep Bisht, Station House Officer, Kotwali Gangnahar, on 02.10.2018. As per FIR, present applicant and five other co-accused formed a gang. Applicant is a gang leader. They commit crime by forming an organized gang. Because of their fear, no one from the public is ready to give evidence. First Information Report was registered against the present applicant on the basis of 12 FIRs. These FIRs are:

(I) FIR No.166 of 2018, registered at police station Kotwali Gangnahar under Section 302 and Section 120 B IPC.

(II) FIR No.96 of 2018, registered at police station Kotwali Gangnahar under Section 394 and 397 IPC.

(III) FIR No.222 of 2018, registered at police station Manglore under Section 392 and Section 411 IPC.

(IV) FIR No.257 of 2018, registered at police station Manglore under Sections 394, 397 and Section 411 IPC.

(V) FIR No.363 of 2012, registered at police station Kotwali Muzaffarnagar under Section 302 IPC.

(VI) FIR No.808 of 2014, registered at police station Kotwali Muzaffarnagar under Section 386 IPC.

(VII) FIR No.809 of 2014, registered at police station Kotwali Muzaffarnagar under Section 307 IPC.

(VIII) FIR No.214 of 2016, registered at police station Chhapar, District Muzaffarnagar under Section 25 of the Arms Act.

(IX) FIR No.01 of 2017, registered at police station Chhapar, District Muzaffarnagar under Section 2/3 of the Act, 1986.

(X) FIR No.706 of 2017, registered at police station Nai Mandi, Muzaffarnagar under Section 395 and Section 412 IPC.

(XI) FIR No.896 of 2016, registered at police station Nai Mandi Muzaffarnagar under Section 2 read with Section 3 of the Act, 1986.

(XII) FIR No.741 2018, registered at police station Nai Mandi, Muzaffarnagar under Section 25 of the Arms Act, 1959.

Mr. Alok Kumar, Advocate, contended that the applicant has been acquitted of the charges in connection with the FIR No.363 of 2012 and FIR No.222 of 2018, whereas he has been granted bail in other cases. Applicant is in judicial custody since 06.12.2018, and, he is a permanent resident of District Muzaffarnagar, therefore, there is no likelihood of his absconding.

On the other hand, Mr. Pratiroop Pandey, A.G.A., has opposed the Bail Application.

The charge was framed against the applicant on 30.06.2022 but till 03.07.2023, only one witness has been examined by the prosecution. It has not been explained by Mr. Pratiroop Pandey, learned counsel for State, as to why the prosecution has not been successful in examining its other witnesses despite getting sufficient opportunity to examine them. 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 he is released on bail.

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- Gaurav Sharma alias Jhandu 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.

iii) Applicant shall not leave the country without prior permission of the Trial Court.

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.