Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40657 of 2021 Applicant :- Gyanendra Kumar @ Kamisan Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.,Mani Shankar
Hon'ble Rahul Chaturvedi,J.
Learned counsel for the applicant has filed supplementary affidavit through e-mode.
Heard Sri Satish Trivedi, learned Senior Counsel assisted by Sri Ajay Kumar Pandey, learned counsel for the applicant, Sri Mani Shankar Mishra, learned counsel for the complainant as well as learned A.G.A.
By means of this application, the applicant who is facing prosecution in Case Crime No.205 of 2019, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-Sarai Aqil, District- Kaushambi, is seeking enlargement on bail during the trial.
Contention raised by learned counsel for the applicant is that as per the gang chart, only three cases are shown against the applicant but learned A.G.A. submits that the applicant has got a criminal antecedents of 15 cases out of which, in five cases, he has been acquitted by the trial court, in another four cases, proceedings against the applicant has been dropped by the court concerned and in two cases, he is on bail and in all the remaining cases, either the applicant has been bailed out or the proceedings against him has been stayed. There is specific direction that those cases in which the applicant has been acquitted, shall not be accounted for while preparing the gang chart the gang chart. Thus, in fact, there are criminal cases in the single digit which has been properly explained by learned counsel for the applicant. The applicant is in jail since 05.07.2019, hence the applicant is entitled to be enlarged on bail.
Learned counsel for the complainant vehemently opposed the bail by making a mention that during the period of incarceration, the applicant is extending threats and it would be rather impossible that if the applicant is being bailed out, he would misuse the liberty of bail.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Gyanendra Kumar @ Kamisan be released on bail on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned in aforesaid case crime, subject to the following conditions:-
(a). The concerned court would have close vigil that the applicant shall not play any mischief in proper and smooth sail of trial. In the event, the applicant extends threat or make any hindrance in smooth trial, the trial court, after verifying as to whether any cognizable offence is made against the informant or its witnesses by the applicant and if yes, then only after assigning good reasons, recording his satisfaction that the applicant is misusing the liberty of bail, shall have fullest liberty to cancel the bail bonds and send back the applicant into jail.
(b). The applicant shall attend the court according to the conditions of the bond executed by him.
(c). The applicant shall give a written undertaking to the court concerned after release that he would present in the concerned Police Station on the last Sunday of every month during 10.00 to 12.00 Noon. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
(d). 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 25.10.2021 Sumit S Digitally signed by RAHUL CHATURVEDI Date: 2021.10.26 10:18:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad