Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14136 of 2021 Applicant :- Neeraj @ Tuntun Patel Opposite Party :- State of U.P.
Counsel for Applicant :- Rajendra Singh,Sarvagya Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Rajendra Singh, learned counsel for the applicant as well as Sri Rupak Chaubey learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.435 of 2020 under section 3(1) U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Cantt., District Varanasi, during the pendency of trial.
It is apprised by the learned counsel for the applicant that the present case was taken up in Court No. 72 on 25.3.2021 and on that date learned A.G.A. had stated before the Court that the file of the said case was not available. Today, again when this case was taken up, it is apprised by the learned A.G.A. that the file of this case is not available, hence he had sought time till 4.00 p.m. but he could not obtain the file of this case. This Court is left with no other option but to proceed with the hearing.
The contention of the learned counsel for the applicant is that against the accused-applicant, three cases are shown in the gang chart and in all these cases, he has been bailed out and the copies of the bail order are annexed as Annexures-3, 4 and 5. Apart from this, there is one additional criminal case pending against the accused-applicant in which also he has been allowed bail and copy of which is annexed as Annexure-6. The applicant is not involved in any other criminal case except the above. The applicant is absolutely innocent and is languishing in jail since 13.9.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Neeraj @ Tuntun Patel involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case any facts are found concealed on the part of the accused-applicant, the prosecution may seek cancellation of bail forthwith.
Order Date :- 6.4.2021 AU