Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28683 of 2021 Applicant :- Bhola Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant and learned AGA for the State.
The accused- applicant is involved in Case Crime No. 66 of 2021, under Section 2/3 U.P. Gangsters and Anti-Social Activities (Prevention) Act 1986, registered at Police Station Harduaganj, District Aligarh.
Learned counsel for the applicant has submitted that one case has been shown in the gang chart in which the applicant is already enlarged on bail. It has also been submitted that the applicant is not involved in any anti-social activities. He further submits that the applicant is in jail since 06.07.2021. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicant, Bhola involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 13.8.2021 SK Srivastava