Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21427 of 2021 Applicant :- Anuj Singh Yadav And 5 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicants, learned A.G.A. for the State through video conferencing and perused the record of the present bail application.
The present bail application has been filed by the applicant- Anuj Singh Yadav and 5 Others with a prayer to enlarge them on bail in Case Crime No.101 of 2021, under Sections 147, 188, 269, 341, 124-A I.P.C. and Section 66 of Information Technology Act as well as Section 6 of United Provinces Special Power Act, 1932, Police Station- Kotwali, District- Chitrakoot.
Learned counsel for the applicants has submitted that the applicants are innocent persons and have falsely been implicated in the present case. It has further been submitted that the applicants are the workers of Samajwadi Party and they were involved in peaceful agitation against the policies of the present Government and they were making simple demonstration against the Government. It is also submitted that the offence under Section 147, 188, 269 and 341 I.P.C. and Section 66 of Information Technology Act are bailable in nature and during the course of investigation, I.O. has added Section 124-A I.P.C., but prima facie, no offence under Section 124 I.P.C. is made out against the applicants. There is no material available against the applicants for adding Section 124-A I.P.C. Initially, the F.I.R. was lodged under Sections 147, 188, 269 and 341 I.P.C. and Section 66 I.T. Act and Section 6 of United Provinces Special Power Act as well. It is also submitted that the applicants have not been arrested on the spot and they have been arrested by the police on the date of incident from their houses. It is lastly submitted that the applicants have no previous criminal history and are languishing in jail since 17.03.2021 and further undertake that they will not misuse the liberty in case they are released on bail.
Learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicants-Anuj Singh Yadav, Umakant Yadav, Ramkishor, Ramchandra Verma, Narendra Yadav and Indrabhooshan Pratap involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance are exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 25.5.2021 SK Goswami Digitally signed by NAVEEN SRIVASTAVA Date: 2021.06.03 15:01:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad