Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26065 of 2021 Applicant :- Danish Opposite Party :- State of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused- applicant- Danish, who is involved in case crime no. 137 of 2021 under Section 3(1) of U.P. Gangster & Ante Social Activities (Prevention) Act, Police Station- Didoli, District- J.P. Nagar (Amroha).
Learned counsel for the applicant submits that he is innocent and has falsely been implicated; that one one criminal case is shown in the gang chart and that case he has been provided bail, copy of the gang chart and bail order are annexed to the affidavit accompanying this bail application; that the applicant is neither a member of any gang nor involved in any anti social activities. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is lastly contended that the applicant is languishing in jail since 9.6.2021. On these grounds bail is prayed.
Learned A.G.A has opposed the prayer for 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 above named applicant involved in the aforesaid crime be released on bail on 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 :- 27.7.2021 S.Verma