Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant - Mohan Khatik with a prayer to enlarge him on bail in case crime no. 03 of 2021 under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Mauranipur, District - Jhansi, during the pendency of the trial.
Learned counsel for the applicant has submitted that the applicant has falsely been implicated under the Gangster Act and no incriminating material has been recovered from him. He is neither a member of any gang nor does he operate any gang. In the gang chart (annexure-2), the present applicant has been shown to be involved in three criminal cases i.e. case crime no. 569/2020, 570/2020 and 571/2020. In case crime no. 569 of 2020, the applicant has been enlarged on bail by this Court vide order dated 19.1.2021 (annexure-3). In case crime no. 570 of 2020, he has been granted bail by the court below vide order dated 13.11.2020 (annexure-4). Lastly, he has been granted bail by the court below vide order dated 12.1.2021 (annexure-5) in case crime no. 571 of 2020 and 53 of 2019. It is further submitted that one more case has been registered against the applicant, registered as case crime no. 573 of 2020. In aforesaid case too, the applicant has been granted bail vide order dated 21.11.2020 (annexure-6). In paragraph 12 of the affidavit, it is stated that except the cases, as mentioned above, the applicant is not involved in any other criminal cases. Learned counsel for the applicant submitted that in case the applicant is released on bail he will not misuse the liberty of bail and there is no apprehension of his absconding or hampering the trial in any manner. The applicant is in jail since 21.10.2020.
Per contra, learned A.G.A. has vehemently opposed the bail application and contended that his innocence cannot be adjudicated at pre trail stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in other case. In case he is released on bail, he may misuse the liberty of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Mohan Khatik be released on bail in case crime no. 03 of 2021 under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Mauranipur, District - Jhansi, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(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 will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 18.2.2021 nd