Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15980 of 2021 Applicant :- Akramul And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicants, Akramul and Raj Kumar, who are involved in Case Crime No. 248 of 2020, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Chandauli, District- Chandauli.
Learned counsel for the applicants has submitted that in the gang chart 1-1 case has been shown against each of the applicants and in that cases applicants are on bail. Copies of the bail orders have been annexed as Annexure-3 to the affidavit. It has also been submitted that the applicant are not involved in any anti social activities and they have been falsely implicated. The copy of the gang chart has been annexed as Annexure-1 to the affidavit. The accused-applicant is in jail since 15.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicants, Akramul and Raj Kumar, be released on bail in the aforesaid case crime number on their furnishing personal bonds and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked.
The concerned Court/Authority/Official shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.4.2021 Prajapati