Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54055 of 2021 Applicant :- Avneesh Upadhyay Opposite Party :- State of U.P.
Counsel for Applicant :- Gopal Das Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Gopal Das Srivastava, learned counsel for the applicant as well as Sri Ashwini Prakash Tripathi, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Avneesh Upadhyay with a prayer to release him on bail in Case Crime No. 56 of 2021 under sections 147, 148, 307, 308, 302, 323, 504, 506, 188, 269 IPC, Section 3(2) of Epidemic Diseases Act, Section 7 of Criminal Law Amendment Act and Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Maharajganj, District-Jaunpur, during pendency of trial.
3. At the outset, learned counsel for the applicant states that in exact similar allegations, co-accused Jagat Narain Upadhyay; Sumit; Ramapati Upadhyay; Amit Upadhyay; Ravi Prakash; Om Prakash Upadhyay; Bhaskar and; Ishan Upadhyay, have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 29744 of 2021; 29752 of 2021; 29754 of 2021; 33366 of 2021; 30719 of 2021; 29735 of 2021;
30780 of 2021 and; 24335 of 2021 vide orders dated 6.9.2021; 6.9.2021;
6.9.2021; 16.9.2021; 22.9.2021; 22.10.2021; 27.10.2021 and; 8.11.2021 respectively. Also, it has been submitted, criminal history of one case has been explained. For the reasons contained in aforementioned orders, the present applicant is also entitled for bail.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his furnishing a personal bond and 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 by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 22.12.2021 Prakhar