Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 165 of 2021 Applicant :- Nitesh @ Nitesh Pandey @ Happy Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 0635 of 2020, under Section 3 (1) of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Sarnath, District Varanasi.
Submission of counsel for the applicant is that in the gang chart, only one case has been shown in which the applicant has already been enlarged on bail, which is annexed as annexure No. 4 to the affidavit filed in support of the bail application. He is in jail for a considerable period of time.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, and keeping in view the fact that the applicant has already been enlarged on bail in the aforementioned case shown in the gang chart and without expressing any opinion on merit of the case, I am of view that the applicant is entitled for bail.
Let the applicant Nitesh @ Nitesh Pandey @ Happy involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Copy of the order downloaded from the official website of the Allahabad High Court shall be accepted as a true copy of this order.
Order Date :- 6.1.2021 vinay