Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52271 of 2021 Applicant :- Ashwani Verma Opposite Party :- State Of U.P Thru Secretary Home Govt. Up. Lknw.
Counsel for Applicant :- Surya Pratap Singh Parmar,Vandana Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Ashwani Verma in Case Crime No.105 of 2021, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act,1986 Police Station-Chauri, District-Bhadohi with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that based on the past alleged involvement of the applicant in two criminal cases, he is being prosecuted under the Gangster Act. In all the cases shown against him in the gang-chart, he has been enlarged on bail. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 07.10.2021, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant-Ashwani Verma be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the 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.
However, it is made clear that no other co-accused can claim parity with the applicant.
Order Date :- 21.12.2021 MN/-
Digitally signed by UMESH KUMAR Date: 2021.12.21 15:05:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad