Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of the applicant/Jagjeevan Goutam for grant of bail, in Case Crime No. 234 of 2019, under Section 2/3 U.P. Gangster Act, Police Station Singahi, District Kheri, during pendency of trial.
Learned counsel for accused-applicant while pressing the bail application submits that the applicant has been falsely implicated in the instant case as well as in the single case mentioned in the gang chart. However, in the single case mentioned in the gang chart, the applicant has been released on bail and copy of the bail order with regard to that case has been placed at Annexure No. 03 to the bail application.
It is further submitted that apart from the above mentioned single criminal case, the criminal history of five previous cases has been shown against the applicant. However, in all these cases also the applicant has been released on bail and copies of the bail orders with regard to these criminal cases have been placed at Page No. 21, 31 to 40 of the paper book.
It is further submitted that the other co-accused persons of the crime, namely Prempati, who is allegedly the gang leader, Raj Kumar Arakh and Balvinder Singh have been released on bail by co-ordinate Benches of this court, vide orders dated 11.11.2019, 14.11.2019 and 13.02.2020 passed in Bail Nos. 10624 of 2019, 10784 of 2019 and 1456 of 2020, respectively.
It is also submitted that applicant is languishing in jail in this matter since 05.01.2021 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart.
Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the accused-applicant.
Having regard to the overall facts and circumstances of the case I find substance in the submissions made by learned counsel for the applicant for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant/Jagjeevan Goutam involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 23.2.2021 Praveen