Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39673 of 2021 Applicant :- Bheem Yadav And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Jai Prakash Singh,Raj Kiran Chaudhary,Surendra Bahadur Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicants Bheem Yadav and Praduman Yadav seeking bail in Case Crime No. 109 of 2021, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station Khanpur, District Ghazipur, during pendency of trial.
Submission of learned counsel for the applicant is that only two cases have been shown in the gang chart against the applicants, wherein Case Crime No. 84 of 2018, under Sections 147, 148, 149, 307, 308, 323, 506, 427, 34, 302 IPC, the applicants have been granted bail by competent court, while Case Crime No. 56 of 2021, Under Section 506 IPC, police has neither investigating the matter, nor submitted any charge-sheet. He further submitted that the applicants are innocent and they have not committed the alleged offences as alleged in the gang-chart. Applicants are neither member of any gang nor they threatened any person nor have created a condition of insecurity in the society. There is no criminal antecedent of the applicants except the two case mentioned in the gang chart. He further submitted that co-accused Ajeet Yadav and Dinesh Yadav have already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 34157 of 2021 and 35646 of 2021, vide orders dated 16.09.2021 and 23.09.2021 and claimed parity. He next submitted that the applicants are languishing in jail since 06.06.2021.
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.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
The bail application is accordingly allowed.
Let the applicants Bheem Yadav and Praduman Yadav 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 applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants 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 :- 20.12.2021 v.k.updh.