Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13945 of 2021 Applicant :- Ansar Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Sanjay Kumar Dubey, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 33 of 2021, under Section 2/3 of Gangster Act, P.S. Kotwali Sikandrarau, District Hathras, during pendency of the trial before the court below.
It is argued by learned counsel for the applicant that the applicant has been falsely implicated; the Gangster Act has been imposed against the accused applicant on the basis of single criminal case which has been shown in the gang chart, in which he has been released on bail. It is further argued that besides these cases, the applicant has criminal history of two other cases which have been mentioned in paragraph no. 7 of the affidavit and in all these cases the accused applicant has been released on bail. The copies of bail orders have been annexed on page nos. 19 to 29 of the paper book. The applicant has no other criminal history and he is in jail since 30.01.2021, if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not controvert the aforesaid facts.
Looking to the aforesaid facts, quantum of the punishment, nature of the offence 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 Ansar 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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 6.4.2021 VPS