Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27155 of 2021 Applicant :- Adil Opposite Party :- State of U.P.
Counsel for Applicant :- Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Order on Exemption Application Application is allowed.
Applicant is exempted from filing certified copy of the FIR dated 20.3.2021 and free copy of the bail rejection order dated 4.6.2021.
Order on Bail Application Heard Sri Jitendra Kumar Mishra, learned counsel for the applicant and learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that one case has been shown against the applicant in the Gang Chart which has been annexed as Annexure No. 2 to the affidavit filed in support of the bail application and in the said case, the applicant has been granted bail by the competent Court, the said fact has been mentioned in paragraph no.4 to the affidavit filed in support of bail application. It has been further contended that the applicant has falsely been implicated in the present. It is further contended that neither the applicant is a member of any gang nor a gang leader. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is in jail since 29.12.2020. and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not controvert the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of submissions advanced and the provisions for initiation of cases and release of the accused in U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 evidence complicity of the accused severity of punishment and reformative theory of punishment without expressing any opinion on the merit of the case, I find it to be a case of bail.The bail application is allowed.
Let the applicant, Adil involved in Case Crime No. 220 is 2021 under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station-Kotwali, District- Farrukhabad 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 16.8.2021 Akbar Digitally signed by Justice Rajiv Joshi Date: 2021.08.17 10:10:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad