Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43702 of 2021 Applicant :- Abhishek Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Pradeep Kumar,Kalp Dev Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Supplementary affidavit filed on behalf of the applicant is taken in the record.
Heard Shri Pradeep Kumar, learned counsel for the applicant and Sri Rajesh Kumar Mishra, learned brief holder for the State.
A first information report was lodged as Case Crime No.206 of 2020 at Police Station-Baresar, District-Ghazipur under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
The bail application of the applicant was rejected by learned Vth Additional Sessions Judge/Special Judge (Gangster Act), Ghazipur on 05.01.2021.
The applicant is in jail since 01.09.2020, pursuant to the said F.I.R.
Shri Pradeep Kumar, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant has been enlarged on bail in the four criminal cases depicted in the gang chart. He is not a member of any criminal gang. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the applicant has become a soft target and a convenient scapegoat for the police authorities who repeatedly nominated him in various cases only to burnish their professional credentials. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the supplementary affidavit.
However, learned AGA points out that the criminal history of two cases registered as Case Crime No.1/19 under Section 3/4 of the Gunda Act and case crime no.866 of 2017 under Sections 323, 504, 325 IPC has not been disclosed in the bail application.
Rejoining the issue, Shri Pradeep Kumar, learned counsel for the applicant contends that in the aforesaid cases, the applicant has been falsely implicated and the same has no bearing on the instant case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Abhishek Yadav involved in Case Crime No.206 of 2020 at Police Station-Baresar, District-Ghazipur under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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 to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.12.2021 Ashish Tripathi