Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45283 of 2021 Applicant :- Amit Kumar Jaiswal Opposite Party :- State Of U.P Through Secretary Home Counsel for Applicant :- Pradeep Kumar Mishra,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by the applicant, Amit Kumar Jaiswal, in Case Crime No. 183 of 2021, under Sections- 3 (1) of U.P. Gangster and Ante Social Activities (Prevention) Act 1986, Police Station-Chetganj, District- Varanasi.
Heard Shri Vinay Saran, learned Senior counsel, assisted by Shri Pradeep Kumar Mishra, learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent; he has been falsely implicated in this very case crime number and is languishing in jail since 18.09.2021; two criminal antecedents have been shown in gang chart, and in both of them he is on bail; two other cases are also there but they are not shown in gang chart, wherein, there was a protection from arrest by this Court; ultimately final written was submitted; there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case of release on bail. Hence bail has been prayed for.
Learned AGA has vehemently opposed bail, but could not oppose the above factual aspects.
Having heard learned counsel for both the parties, gone through the material placed on record and considering the nature of accusations, severity of the punishment in the case of conviction but without commenting on the merits of the case, a case for bail is made out, accordingly allowed.
Let the applicant, Amit Kumar Jaiswal, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 29.10.2021 Deepak/ Digitally signed by RAM KRISHNA GAUTAM Date: 2021.10.29 17:21:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad