Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43193 of 2021 Applicant :- Jagdish Opposite Party :- State of U.P.
Counsel for Applicant :- Rachana Yadav,Ramanuj Yadav Counsel for Opposite Party :- G.A.
Hon'ble Suneet Kumar,J.
Heard the learned counsel for the applicant, learned AGA and perused the record.
The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 07 of 2021, under Section 3(1) of Uttar Pradesh Gangster & Anti Social (Prevention) Activities Act, 1986, Police Station Kharela, District Mahoba, during pendency of trial.
According the the gang chart the applicant is said to have been involved in only one criminal case in which he has already been enlarged on bail by the court concerned. The applicant has falsely been implicated in the present case. The applicant is not a member of any gang. The applicant is languishing in jail since 31.12.2020, and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.
Let the applicant-Jagdish, involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever. In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under section 82 Cr.P.C., may be issued and if applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under section 174-A I.P.C.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 23.12.2021 Mukesh Kr.