Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47830 of 2017 Applicant :- Omkarnath Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case by the police. Learned counsel further submits that this is the IInd bail application filed on behalf of the applicant before this Court, against the bail rejection order dated 27.6.2017, passed by learned Additional Sessions Judge, Court No.5, Ballia in case crime no.30 of 2002, under Section 2/3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Bansdeeh Road, District Ballia. The first bail application i.e. Criminal Misc. Bail Application No.29178 of 2011, was rejected by Hon'ble Mr. Vinod Kumar Mishra, J. on 30.8.2017. Learned counsel further submits that in all the cases, shown against the applicant in the gang chart, applicant has been granted bail by the competent court. Learned counsel further submits that applicant was on bail during trial. Applicant did not appear on the date fixed in the matter, therefore, Non Bailable Warrant was issued against him on 10.5.2017. As the case was transferred from District-Azamgarh to Ballia, the applicant could not appear before the court below as he was not aware about the transfer of the case. Learned counsel next submits that applicant has surrendered in this matter on 5.6.2017, till then, he is in jail. Learned counsel lastly submits that there are no chances of the applicant fleeing away from the judicial process or of his tampering with the prosecution evidence. Applicant is languishing in jail since 5.6.2017 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that a prima- facie case for bail is made out.
Let the applicant Omkarnath Mishra be released on bail in Case Crime No.30 of 2002, under Section 2/3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Bansdeeh Road, District Ballia on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) 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 court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 30.3.2018 Rishabh