Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16719 of 2021 Applicant :- Arun Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Aman Kumar Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Arun Pratap Singh, in connection with Case Crime No. 4 of 2021, under Section 2/3 of the Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station - Qilla, District - Bareilly.
Heard learned Counsel for the applicant and the learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicant is that the applicant has been implicated in the present case on account of his involvement in a solitary case, being Case Crime No. 391 of 2020 under Section 8/15/29/60 N.D.P.S. Act, Police Station - Qilla, District - Bareilly, without there being anything to show that he is either a member or the leader of the gang. It is asserted in paragraph no. 7 of the affidavit that the applicant has been granted bail in the said case by this Court vide order dated 08.12.2020 passed in Criminal Misc. Bail Application No. 44350 of 2020. The bail order has been annexed as Annexure No. 3 to the affidavit filed in support of the bail application. It is also argued that the applicant is in jail since 01.03.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that prima facie there is nothing to show that the applicant is either a member or the leader of a gang, the fact that the applicant is on bail in the solitary offence, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Arun Pratap Singh in connection with Case Crime No. 4 of 2021, under Section 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station - Qilla, District - Bareilly be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, which shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the condition(s) enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 11.5.2021 I. Batabyal