Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16786 of 2021 Applicant :- Gauri Shankar Chaudhary Opposite Party :- State of U.P.
Counsel for Applicant :- Basant Kumar Upadhyay,Chandra Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for applicant, learned A.G.A. for the State have appeared through video conferencing and perused the record.
2. The present bail application has been filed by the applicant for enlarging him on bail in Case Crime No. 238 of 2020, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kothibhar, District- Maharajganj.
3. Learned counsel for the applicant submits that in the gang chart present applicant has been shown to be involved in three cases i.e. Case Crime No. 223 of 2020 and 215 of 2020. In Case Crime No. 215 of 2020 he has been granted bail vide order dated 12.3.2021 passed by this Court, in Case Crime No. 223 of 2020 he has been granted bail vide order dated 3.2.2021 and in Case Crime No. 95 of 2020 he has been granted bail vide roder dated 19.12.2020 by Judicial Magistrate, Maharajganj. All the bail orders have collectively been filed as Annexure-3 to the affidavit filed in support of bail application. It is submitted that applicant is an innocent person and he has falsely been implicated under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 on the basis of forged and fictitious FIR for some ulterior motive. Neither the applicant is a member of any gang nor he is operating a gang and he has no concern with the commission of crime as mentioned in the FIR. There is no eye witness or public witness to this account. Applicant is languishing in jail since 25.7.2020. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail. In para 8 of the affidvait it is submitted that the applicant has no other criminal history.
4. Per contra, learned A.G.A. has vehemently opposed the bail application but he has submitted that innocence of applicant cannot be adjudicated at pre-trial stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in other case. In case, he is released on bail, he may misuse the liberty of bail.
5. Upon hearing learned counsel for the parties, perusal of the record and considering the complicity of accused, totality of facts and circumstances of the case as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018)3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on merits of the case at this stage, I find it an appropriate case to release applicant on bail.
6. The application is allowed. Let applicant, Gauri Shankar Chaudhary involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant shall not tamper with the prosecution evidence and shall not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall abide the orders of Court, shall attend the Court on each and every date and shall not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall not indulge in any unlawful activities.
(iv) The applicant shall not misuse the liberty of bail in any manner whatsoever.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. 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.
9. The identity, status and residential proof of sureties shall be verified by Court concerned, and in case of breach of any of above conditions by applicant, the Court concerned shall be at liberty to cancel the bail.
Order Date :- 13.5.2021 Manish Tripathi