Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47891 of 2021 Applicant :- Abhishek @ Golu Opposite Party :- State of U.P.
Counsel for Applicant :- Subhash Chandra Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Abhishek @ Golu seeking bail in Case Crime No. 89 of 2021, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station Babupurwa, District Kanpur, during pendency of trial.
Submission of learned counsel for the applicant is that only three cases have been shown in the gang chart against the applicant, wherein the applicant has been granted bail by competent court. He further submitted that the applicant is innocent and he has not committed the alleged offence. Applicant is neither member of any gang nor he threatened any person nor has created a condition of insecurity in the society. There is no criminal antecedent of the applicant except the three cases mentioned in the gang chart. He next submitted that the applicant is languishing in jail since 23.11.2020.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, complicity of accused, nature and severity of punishment, in case of conviction and all other attending circumstances were duly considered.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
The bail application is accordingly allowed.
Let the applicant Abhishek @ Golu involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 v.k.updh.