Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40685 of 2017 Applicant :- Lal Bahadur Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Bachcha Singh,Kshitiswar Nath Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for applicant and learned A.G.A. and perused the record.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in eleven criminal cases in which he has already been enlarged on bail by the court concerned. He has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 17.4.2017 (more than one year and a three month) and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P.Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Lal Bahadur Yadav, involved in G.T. No. 68 of 2012 arising out of Case Crime No. 09 of 1990, under section 2/3 (1) U.P.Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Sahatwar, District Ballia, be released on bail on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i). The applicant will not tamper with the evidence during the trial.
(ii). The applicant will not pressurize/intimidate the prosecution witness.
(iii). The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
(v) 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.7.2018 Sumaira