Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16269 of 2021 Applicant :- Dhau Nishad @ Vivek Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Sapan Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Supplementary affidavit filed on behalf of applicant istaken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant, Dhau Nishad @ Vivek Kumar, who is involved in Case Crime No. 65 of 2021, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Shahpur, District- Gorakhpur.
Learned counsel for the applicant has submitted that in the gang chart one case has been shown against the applicant and in that case applicant is on bail. Copy of the bail order has been annexed as Annexure-3 to the affidavit. It has also been submitted that the applicant is not involved in any anti social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure-2 to the affidavit. The accused-applicant is in jail since 01.03.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant, Dhau Nishad @ Vivek Kumar, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions.
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 7.4.2021 Prajapati