Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14171 of 2021 Applicant :- Akhilesh Maurya Opposite Party :- State of U.P. Counsel for Applicant :- Abhai Saxena Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Abhai Saxena, learned counsel for the applicant and Sri Rupak Chaubey, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 236 of 2020 under Section 3(1) of U.P. Gangster Act, P.S. Shahjad Nagar, District Rampur.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case on the basis of single criminal case shown in the gang-chart in which he has already been allowed bail, copy of which is annexed at Annexure No. 3; applicant has no other criminal history; he is in jail since 21.10.2020; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Akhilesh Maurya involved in aforesaid crime 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 with the following conditions that :-
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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.4.2021 A. Mandhani