Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13745 of 2021 Applicant :- Chandrabhan Alias Bhanu And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit has been filed by the learned counsel for the applicant and the same is taken on record.
Heard Sri Ajeet Kumar Srivastava, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 255 of 2020, under Section 3(1) of U. P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, P.S. Shahganj, District Jaunpur, during pendency of the trial before the court below.
It is argued by learned counsel for the applicants that the applicants have been falsely implicated; the Gangster Act has been imposed against the accused applicant no. 1 on the basis of three criminal cases which have been shown in the gang chart, in which he has been released on bail, copies of orders have been annexed at page no. 27 to 29 of the paper book. It is further argued that besides these cases, the applicant no. 1 has criminal history of twelve cases which have been mentioned in paragraph no. 3 of the supplementary affidavit and in that cases the accused applicant no. 1 has been released on bail, copies of bail orders have been annexed at page no. 8 to 25 to the supplementary affidavit except the order passed in Case Crime No. 114 of 2019, under Section 379 of I.P.C., P.S. Kotwali, District Bhadohi because the learned counsel for the applicant could not obtain the said order. As regards, the accused applicant no. 2, the Gangster Act has been imposed against him on the basis of two criminal cases which have been shown in the gang chart, in which he has been released on bail, copies of orders have been annexed at page no. 24 to 29 of the paper book. It is further argued that besides these cases, the applicant no. 2 has criminal history of one case which has been mentioned in paragraph no. 10 of the affidavit and in that case the accused applicant no. 2 is on bail but copy of bail order has not been annexed by learned counsel for the applicant. The applicants have no other criminal history and they are in jail since 13.09.2020, if the accused applicants are released on bail, they will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not controvert the aforesaid facts.
Looking to the aforesaid facts, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicants Chandrabhan Alias Bhanu And Ram Pratap Verma involved in aforesaid crime be released on bail on thier furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above 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.
Since, the bail orders of applicant no. 1 in Case Crime No. 114 of 2020, under Section 379 of I.P.C., P. S. Kotwali, District Bhadohi and the bail order of applicant no. 2 in Case Crime No.
260 of 2018, under Section 307 of I.P.C., P. S. Sarpathan, District Jaunpur have not been annexed, therefore, both the accused are released on bail subject to their producing the bail orders of the aforesaid cases before the court below.
Order Date :- 6.4.2021 VPS