Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38755 of 2021 Applicant :- Dhananjay Opposite Party :- State of U.P.
Counsel for Applicant :- Shekhar Gangal Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It has been argued by learned counsel for applicant that applicant is innocent and he has been falsely implicated in the present case. The provisions of U.P. Gangster and Anti Social Activities (Prevention) Act have been invoked against applicant without any relevant material and that in gang chart, 3 cases have been shown against the applicant, in which he is already on bail, copy of which has been annexed as Annexure No. 2 to the affidavit accompanying bail application. Apart from the cases shown in the gang chart, the applicant has criminal history of three more cases, in which he is also on bail. It was further submitted that similarly placed co-accused persons namely Sanjeev and Lala @ Jitendra have already been granted bail by this court vide orders dated 29.7.2021 and 2.8.2021 passed in Criminal Misc. Bail Application Nos. 26391 of 2021 and 25001 of 2021. Lastly, it was submitted that the applicant is languishing in jail since 23.12.2020 and that in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that the similarly placed co-accused persons have already been granted bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dhananjay involved in Case Crime No. 54 of 2021, under Section 2/3 Uttar Pradesh Gangster & Anti Social Activities (Prevention) Act, 1986, P.S. Gonda, District Aligarh be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail.
Order Date :- 25.10.2021 SA