Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37644 of 2021 Applicant :- Bharat Katiyar Alias Bharat Kaliya Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Srivastava 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 under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 485 of 2015 under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at P.S.- Bilhour, District- Kanpur Nagar.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. Applicant was granted bail vide order dated 4.02.2016 passed in Crl. Misc. Bail Application No. 3408 of 2016 in Case Crime No. 485 of 2015 u/s 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1980, P.S. Bilhaur, District Kanpur Nagar on merits. Further submitted that applicant will attend the Court on the dates fixed by the court. In the aforesaid Crime Number, applicant should be granted fresh bail. Further submitted that the applicant is languishing in jail since 03.07.2018.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Perusal of the record reveals that Bail Application of the applicant was rejected on merits on 20.07.2018 by the Special Judge, Gangsters Act/ Additional Sessions Judge, Court No. 6, Kanpur Dehat whereas application was moved with the prayer that applicant could not appear before the Court due to unavoidable circumstances. He has not jumped the bail deliberately.
Learned counsel for applicant submits that applicant will appear in the trial court on the dates fixed by the Court and will not misuse the liberty granted by this Court.
In view of the above, a case for fresh bail is made out. Accordingly, the bail application is allowed.
Let the applicant Bharat Katiyar Alias Bharat Kaliya involved in the aforesaid case crime, be released on fresh bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned.
Order Date :- 17.12.2021 A. Mandhani