Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants have been falsely implicated in the present case on the basis of single case registered against them in the year 2019 in which they are on bail. No other case is pending against them. They are languishing in jail since 21.01.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today.
Learned A.G.A. opposed the prayer for bail and admitted that there is no criminal history against the applicants and further he could not dispute the aforesaid fact as argued by learned counsel for the applicants.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Dinesh Kumar @ Bhura Patel and Sunil Patel involved in Case Crime No. 24 of 2021, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali Baberu, District - Banda be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 him 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 prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned court/authority/official shall verify the authenticity of such computerised copy of the order from the official website of High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.2.2021 Ravi/-