1. Heard learned counsel for the applicant and learned AGA for the respondent State.
2. This is an application under Section 439 Cr.P.C. in case crime No.306 of 2021 under Sections 2 (Kha) (1)(3) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 registered at police station Nighasan, District Lakhimpur Kheri.
3. Submission of learned counsel for the applicant is that there is one case shown in the gang chart against the applicant, wherein his name found place at serial No.4. He further submitted that in the aforesaid case, the applicant has been granted bail by learned Additional District and Sessions Judge / Special Judge (Gangster Act), Lakhimpur Kheri vide order dated 19.08.2020. Copy of the orders is annexed as annexure-3 to the affidavit filed in support of the bail application. He further submitted that except the cases shown in the gang chart, there are three other cases registered against the applicant, wherein he has been granted bail by this Court vide order dated 16.07.2019 and by Court below vide orders dated 27.02.2019 and 28.02.2019. Copy of the bail orders are collectively annexed as Annexure-4 to the bail application. The applicant is languishing in jail since 14.07.2020 and trial of the case is not likely to be concluded in near future. He further submitted that in case the applicant is enlarged on bail, he will not misuse the liberty granted to him.
4. On the other hand, learned AGA opposed the bail but could not disputed the submission advanced by learned counsel for the applicant.
5. Considering the submissions advanced by learned counsel for parties, material available on record as well as totality of fact and circumstances, without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail. Accordingly, the bail application is allowed.
6. Let applicant Mohsim @ Mohsin be released on bail in the aforesaid Case Crime on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(ii) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(iii) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
7. Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
8. It is, however, made clear that the observation made above shall not affect the trial of the case.
Order Date :- 26.8.2021 Adarsh K Singh