Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 192 of 2021 Applicant :- Govind Opposite Party :- State of U.P.
Counsel for Applicant :- Anurodh Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 279 of 2013, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Pipri, District Sonebhadra.
It is submitted by learned counsel for the applicant that the that the applicant was enlarged on bail vide order dated 25.11.2014, however, on account of non-appearance, non-bailable warrants were issued against the applicant. The applicant appeared before the court concerned and applied for bail, however, the bail application has been rejected solely on the ground that the applicant did not appear for a sufficiently last time. The applicant is in jail since 29.5.2019.
The applicant in sum and substance expresses his apology for not being present before the court when the matter was fixed for trial and he undertakes that he shall appear in the court concerned on all the dates fixed.
Learned A.G.A. opposed the bail prayer.
Considering the undertaking given and the fact that the applicant was already on bail, without expressing any opinion on merit of the case, the applicant is entitled for bail.
Let the applicant Govind involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 6.1.2021 S. Rahman