Matiullah vs State Of U.P. Thru. Prin. Secy. Home ...

1.Heard learned counsel for the applicant who has filed supplementary affidavit which is taken on record, learned Additional Government Advocate for the State and perused the record.

2.Learned counsel for the applicant submits that in the gang chart, one case has been shown against the applicant. In that solitary case, the applicant has been enlarged on bail. The bail order is on record. Apart from the said case, there is no other case pending against the applicant. The applicant is in jail since 30.9.2019.

It is also submitted that the applicant is ready to furnish an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

3.Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

4.Considering the facts and circumstances of the case, and also considering the nature of allegations, the applicant has been enlarged on bail in the case shown in the gang chart, arguments advanced by learned counsel for the parties, for the period for which he is in jail and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail.

5.Let the applicant Matiullah, involved in Case Crime No. 520 of 2020 under Sections 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali Dehat, district Hardoi, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant shall not directly or indirectly make any 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) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court.

(iv) The applicant shall also file an undertaking in terms of requirement of Section 19(4)(b) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 that he will not indulge in any case or misuse the liberty of bail.

In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(vi)Any other condition which the trial court may deem fit and proper may also be imposed.

6.The bail application is allowed accordingly.

(Rajeev Bharti,J.)

May 6, 2026

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