Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44866 of 2021 Applicant :- Babu Yadav Alias Boni Opposite Party :- State of U.P.
Counsel for Applicant :- Bipin Kumar,Neeraj Kumar Chaurasiya Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Babu Yadav Alias Boni seeking bail in Case Crime No. 134 of 2020, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station Ali Nagar, District Chandauli, during pendency of trial.
Submission of learned counsel for the applicant is that only one case has been shown in the gang chart against the applicant, wherein the applicant has been granted bail by competent court, which is at page 34 of the paper-book. He further submitted that the applicant is innocent and he has not committed the alleged offence. Applicant is neither member of any gang nor he threatened any person nor has created a condition of insecurity in the society. There is no criminal antecedent of the applicant except the one case mentioned in the gang chart. He further submitted that co-accused Vikash Kumar and Sandeep Kumar Singh have already been granted bail by co-ordinate Benches of this Court in Criminal Misc. Bail Application Nos. 28458 of 2021 and 27731 of 2021, vide orders dated 03.09.2021 and 24.08.2021 and claimed parity. He next submitted that the applicant is languishing in jail since 17.09.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the factum of parity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, complicity of accused, nature and severity of punishment, in case of conviction and all other attending circumstances were duly considered.
In view of the above on the ground of parity, a case for bail is made out.
The bail application is accordingly allowed.
Let the applicant Babu Yadav Alias Boni 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 subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 22.12.2021 v.k.updh.