Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21165 of 2021 Applicant :- Abhay Opposite Party :- State of U.P.
Counsel for Applicant :- Byas Kumar Prasad,Azhar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned Counsel for the applicant as well as learned A.G.A. through video conferencing and perused the record.
Learned counsel for the applicant has submitted that several cases have been shown against the applicant in the gang chart which are explained in paragraph-4 of the affidavit to the bail application, however, in all the cases he has already been enlarged on bail by the coordinate Bench of this Court as well as court below. The bail orders of the applicant have been appended as annexure-1 to this bail application. It has also been submitted that the applicant is not involved in any anti-social activities. The applicant has no criminal cases except the cases shown in the gang chart and in case, he is released on bail, he will not misuse the liberty of bail and will co-operate in trial. There is no chance of absconding and tempering with the witnesses. He further submits that the applicant is in jail since 01.09.2020.
Learned A.G.A. has vehemently opposed the prayer for bail but not contradicted the argument advanced by learned Counsel for the applicant.
Taking into consideration the facts and circumstances of the case and without expressing any opinion on merits, let the applicant- Abhay be released on bail in Case Crime No.338 of 2020, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station- Aliganj, District-Etah on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. The concerned Court/ Authority/ Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad, and shall make a declaration of such verification in writing.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 25.5.2021 SK Goswami Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 14:55:10 IST Reason: Document Owner Location: High Court of Judicature at Allahabad