Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Balwant Singh Pradhan seeking enlargement on bail during trial in connection with Case Crime No.171 of 2020, under Section 3(1) of U.P. Ganster and Anti Social Activites Prevention Act, 1986, registered at P.S. Sajeti, District Kanpur Nagar.
Learned counsel for the applicant submitted that the applicant is innocent and has falsely been implicated; that two cases are shown in the gangchart and in all these cases he has been provided bail, copy of the gang-chart and bail orders are annexed to the affidavit accompanying this bail application, that the applicant neither a member of any gang nor involved in any anti social activity; that the applicant is languishing in jail since 23.01.2021. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A has vehemently opposed the prayer for grant of bail. However, granting bail to the accused-applicant in all cases as shown in the gang-chart is not disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case, in my opinion, the accused applicant is entitled for bail.
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:-
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.
3. However, if due to Covid-19 pandemic, the Sub-ordinate Court is under lockdown, the applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused till furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts is restored.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
5. The concerned Court/Authority/Official shall verify the authenticity of such 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 made clear that in the event the Sub-ordinate Court is functional as usual then the normal procedure/mode of filing bail bonds and two sureties each in the like amount to the satisfaction of the Court concerned will be adopted.
Order Date :- 18.2.2021 Asha