Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21793 of 2019 Applicant :- Arvind Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Azad Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
This is an application for bail moved on behalf of the applicant, Arvind Yadav, who is involved in Case Crime No. 473 of 2016, under Section 2/3 of the U.P. Gansters and Anti Social Activities (Prevention) Act, 1986, Police Station- Cipari Bazar, District- Jhansi.
The supplementary affidavit dated 7.6.2019 indicates that the applicant has been bailed out in the Case Crime No. 138 of 2016 and Case Crime No. 139 of 2016.
Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that the co-accused Balwant Singh and Pushpendra Singh having similar roles have been granted bail by this Court, vide order dated 7.6.2019 passed in Criminal Misc. Bail Application No. 21933 of 2019. Hence the applicant is also entitled for bail on the ground of parity. It is lastly submitted that the applicant is in jail since 16.4.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail, However, he does not dispute the fact that the similarly placed co-accused have been granted bail by this Court.
Considering the entire facts and circumstances of the case, allegations in the F.I.R. and all other materials available on record, in my opinion, the applicant is entitled to be released on bail.
Let the applicant, Arvind Yadav, who is involved in Case Crime No. 473 of 2016, under Section 2/3 of the U.P.
Gansters and Anti Social Activities (Prevention) Act, 1986, Police Station- Cipari Bazar, District- Jhansi on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court and will attend the court on every date. He will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 24.6.2019 praveen.
(Siddhartha Varma,J.)