Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant for enlarging him on bail in Case Crime No.206 of 2020, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Badesar, District Ghazipur.
Learned counsel for the applicant submits that the present applicant has falsely been implicated under the Gangster Act on the basis of solitary case i.e. Case Crime No. 139 of 2020 wherein the present applicant had already been enlarged on bail vide order dated 14.08.2020 passed by the court below, annexure no.2 to the bail application. Copy of the gang chart is also annexed as Annexure-1 to the affidavit. Further submission is that the applicant is an innocent person and is neither part/member of any gang nor he is operating any gang as mentioned in the FIR. There is no public witness or eye witness to this account.
Learned counsel for the applicant further submits 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 19.01.2021.
Per contra, learned A.G.A. has vehemently opposed the bail application and contended that innocence of the applicant 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.
Considering the facts and circumstances of the case as well as the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, this Court is inclined to grant bail to the present applicant.
Accordingly, the bail application is allowed. Let the applicant Mrityunjaya Yadav be released on bail in the aforesaid case, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will not tamper with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
2. The applicant will abide by the orders of the Court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
3. The applicant will not indulge in any unlawful activities.
4. 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 the court concerned before the bonds are accepted and in case of breach of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 18.2.2021 Ravi/-