Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36936 of 2021 Applicant :- Ishwar Dev Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Sheshadri Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No.541 of 2020, under Sections 2/3 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Narkhi, District- Firozabad, with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that there is no cogent material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act and that applicant does not fall within the ambit of Gangster. It was further submitted that in the gang chart, one case has been shown against the applicant, in which he is already on bail. Besides the case shown in gang chart, criminal history of one other case was also shown against applicant, in which, the final report has been submitted. It was also submitted that co-accused Jeetu @ Jitendra Singh and Phool Kishor Gupta have already been enlarged on bail by coordinate Bench of this Court, copies of which have been annexed as Annexure Nos. 4 and 5 to the bail application. It was further stated that in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and he is languishing in jail since 23.12.2020.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submissions of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Ishwar Dev Gupta involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 26.10.2021 Neeraj