Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28693 of 2021 Applicant :- Smt. Neeraj And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicants as well as learned AGA for the State and perused the record.
The applicants seek bail in Case Crime No. 207 of 2021, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, at Police Station Sadar Bazar, District Agra.
Learned counsel for the applicants has submitted that one case of same case crime number against each applicant have been shown in the gang chart in which the applicants are already enlarged on bail. It has also been submitted that the applicants are not involved in any anti-social activities. He further submits that the applicants are in jail since 22.01.2021.
Learned A.G.A. vehemently opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment 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. However, any observation made hereinabove, will not affect the trial of the case.
Let the applicants, Smt. Neeraj and Smt. Rajani involved in above mentioned case crime number be released on bail on their executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel their bail.
Order Date :- 13.8.2021 AKT