Heard Sri Dharmendra Pratap Singh, learned Counsel for the applicant as well as learned A.G.A. and perused the record.
The accused- applicant is involved in Case Crime No. 462 of 2021, under Section 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Quarsi, District Aligarh.
Learned counsel for the applicant has submitted that in the gang chart six cases have been shown against the applicant in which he has been released on bail. Criminal history of three other cases of the applicant has been explained in paragraph No. 8 of the affidavit filed in support of the bail application. Criminal history of four other cases has been explained in paragraph 3 of the supplementary affidavit and in all the cases, he has been granted bail. Copy of the bail orders have been collectively annexed as Annexures-3 and 4 to the affidavit filed in support of the bail application as well as Annexures SA1 to SA3 to the supplementary affidavit. It has also been submitted that the applicant is not involved in any anti-social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure-2 to the affidavit. The applicant is in jail since 28.04.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Anas @ Annu, who is 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/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.
Order Date :- 26.8.2021 Noman