Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14131 of 2021 Applicant :- Pawan Kumar @ Bhola Opposite Party :- State of U.P.
Counsel for Applicant :- Niklank Kumar Jain Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Niklank Kumar Jain, learned counsel for the applicant and Sri G.P. Singh, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 263 of 2020 under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Pilua, District Etah, during the pendency of trial.
Submission made by the learned counsel for the applicant is that applicant has been falsely implicated in the present case under the Gangster Act on the basis of two criminal cases shown in the gang chart. In both these cases, he has been allowed bail which are annexed at annexure 4 of the affidavit and SA-1 of the supplementary affidavit. Additional criminal history has been explained in paragraph no. 9 of the affidavit in which also he has been granted bail under Arms Act. He has no other criminal history. He is in jail since 24.9.2020. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence, there are no chances of accused fleeing from justice and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Pawan Kumar @ Bhola Jain involved in aforesaid 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.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 6.4.2021 A.P. Pandey