Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20922 of 2021 Applicant :- Aslam Opposite Party :- State of U.P.
Counsel for Applicant :- Janardan Prasad Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajai Tyagi,J.
Heard learned counsel for the applicant, learned Additional Government Advocate for the State and perused the record.
This bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.426 of 2020, under Section 2/3 UP Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station-Bannadevi, District- Aligarh, during the pendency of trial.
It is argued by the learned counsel for the applicant that according to the gang-chart, the applicant is said to have been involved in two criminal case in which he has already been enlarged on bail by this Court and a copy of the same has been annexed as Annexure-3 to the bail application. He further argued that the applicant has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 10.8.2020.
Per contra, learned Additional Government Advocate has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that it is a fit case to release the applicant on bail. Hence, the bail application is hereby allowed.
Let the applicant-Aslam be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by it along with a self attested identity proof of the said person(s) (preferably AADHAR card) mentioning the mobile number(s) to which the said AADHAR card is linked.
The concerned court/authority/official 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.
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. 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 :- 30.7.2021 LN Tripathi