Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35474 of 2021 Applicant :- Amit Yadav Opposite Party :- State of U.P.
Counsel for Applicant :- Harendra Yadav Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Supplementary affidavit filed by learned counsel for the applicant today in the Court, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.121 of 2021, under Section 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station- Mardah, District- Ghazipur.
Learned counsel for the applicant contended that in the gang chart two case has been shown against the accused-applicant on the basis of which he has been booked in this case. In one of Case Crime No.332 of 2020 the accused-applicant has been granted bail, copy of the said order is annexed as Annexure No.3 to the bail application but other Case Crime No.145 of 2020 has been wrongly mentioned which has been made clear by the State in his counter affidavit. Learned counsel for the applicant further contended that other criminal history of the accused applicant has been explained in the supplementary affidavit filed by him. The applicant is innocent and has been falsely implicated in the present case. The applicant who is in jail since 02.08.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. opposed the prayer for bail and submitted that the accused-applicant is gang leader and he is involved in criminal activities but not disputed the aforesaid facts.
Considering the rival contentions of the parties, the material on record, attending circumstances and in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Amit Yadav involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail Official shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 29.10.2021 Krishna*