By means of this application, the applicant, who is involved in Case Crime No. 287 of 2021, under sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Mill Area,District- Raebareli, is seeking enlargement on bail during the trial.
Learned counsel for the applicant has submitted that there are two cases shown in the gang-chart (Case Crime No. 137/2021, under sections 147/386/504/506 I.P.C. and Case Crime No. 137/2021, under sections 147/386/325/504/506 I.P.C.) against the applicant and in both the cases the applicant has been enlarged on bail.
It has also been submitted that applicant is innocent and has falsely been implicated in the present case. The applicant is in jail since 17.07.2021.
On contra, learned A.G.A. opposed the prayer for grant of bail but failed to dispute the submissions raised by learned counsel for the applicant.
After hearing the submissions made by the learned counsel for the parties and examining the material available on record, keeping in view the nature of offence and totality of facts and circumstances of the case and without entering into the merits of the case, I am of the view that the applicant has made out a fit case for grant of bail. Hence, the bail application is hereby allowed.
Let the applicant, Manish Pandey, involved in Case Crime No. 287 of 2021, under sections 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Mill Area,District- Raebareli be released on bail on furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
(i) The applicant shall, however, co-operate and attend the proceedings at every stage without seeking unnecessary adjournments just to prolong the proceedings.
(ii)The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
(iii) The computer generated copy of such order shall be self attested by the counsel of the party concerned.
(iv) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 13.8.2021 AKS