Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44263 of 2021 Applicant :- Akash Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Kamlesh Kumar 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 (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 159 of 2021, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Sipari Bazar, District Jhansi, during pendency of the trial before the court below.
It is argued by learned counsel for the applicant that the applicant has been falsely implicated; the Gangster Act has been imposed against the accused applicant on the basis of two criminal cases which have been shown in the gang chart, in which he has been released on bail. It is further argued that besides these cases, the applicant has two other cases which have been mentioned in paragraph no. 3 of the supplementary affidavit. The applicant is neither gang leader nor he is an active member of any gang. He has not committed the alleged offence mentioned in the gang chart. Applicant has no other criminal history and he is in jail since 29.07.2021, if the applicant is released on bail, he will not misuse the liberty of bail.
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, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Akash Yadav 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 :- 24.12.2021 VPS