The Allahabad High Court has rejected the second bail application of Anil Bhati alias Sonu, an active member of gangster Sundar Bhati gang, in the gangster case.
A Single Bench of Justice Saurabh Srivastava passed this order while hearing a Criminal Misc Bail Application filed by Anil Bhati @ Sonu.
By means of the bail application, applicant- Anil Bhati @ Sonu, seeks bail in Case under Sections- 2(b)(i), 2(b)(iii), 2(b)(iv), 2(b)(viii), 2(b)(xi), 2(b)(xii) and 3(i) of U.P Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Greater Noida, District- Gautam Budh Nagar, during pendency of trial.
This is the second bail application preferred on behalf of the application. Earlier, the first bail application preferred on behalf of the applicant was allowed by co-ordinate Bench of the Court vide order dated 20.09.2022.
Thereafter, the State preferred an S.L.P (Crl) bearing No 12916 of 2022 (State of U.P vs Anil Bhati @ Sonu) before the Apex Court, wherein the Apex Court has set-aside the earlier order dated 20.09.2022 passed by the Court vide order dated 24.07.2023.
It is submitted by the counsel for applicant that the applicant is innocent and has been falsely implicated in the case with ulterior motive.
In support of his argument, counsel has relied upon the judgement passed in Nishant @ Nishu vs State of U.P, 2021 0 Supreme (All) 324, Kalyan Chandra Sarkar vs Rajesh Ranjan @ Pappu Yadav & Another, (2005) 2 SCC 42, Gulam Mustafa vs State of Karnataka & Another, 2023 SCC OnLine 603, Abdul Rehman Antulay etc vs R.S Nayak & Another etc, AIR 1992 Supreme Court 1701, Smt Icchu Devi Choraria vs Union of India & Others, 1980 (4) SCC 531 and Kadra Pehadiya & Others vs State of Bihar, 1981 (3) SCC 671.
Counsel for applicant said that the applicant is languishing in jail since 24.08.2020. In case the applicant is released on bail, he will not misuse the said liberty.
Per contra, A.G.A has vehemently opposed the prayer made in the second bail application and submitted that at the time of cancelling the bail order, which has been preferred by the State before the Apex Court, the trial which has been stayed vide order dated 24.01.2023 was operative and it is presumed that the same was apprised to the Apex Court. After considering the facts and circumstances of the case by the Apex Court, the same was quashed vide order dated 24.07.2023.
“In view of the aforementioned facts and circumstances of the case, no new ground has been taken up while preferring the second bail application before the Court”, the Court observed while rejecting the bail application.