Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30123
of 2021
Applicant :- Prakash
Opposite Party :- State of U.P.
Counsel for Applicant :- Fakhruzzaman,Praveen Kumar Sharma
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Ref: Criminal Misc. Exemption Application No. 1 of 2021 Application is allowed.
Applicant is exempted from filing the certified copy of the FIR dated 1.1.2021 and rejection order dated 13.7.2021.
Order on Bail Application Heard Sri Alauddin Advocate holding brief of Sri Fakhruzzaman, learned counsel for the applicant and learned A.G.A. for the State.
It has been contended by the learned counsel for the applicant that one case has been shown against the applicant in the Gang Chart which has been annexed as Annexure No. 2 to the affidavit filed in support of the bail application and in the said case, the applicant has been granted bail by the competent Court, the said fact has been mentioned in paragraph no. 5 to the affidavit filed in support of bail application. It is further contended by learned counsel for the applicant that co-accused Bhan Singh having identical role to the applicant had already been enlarged on bail by the co-ordinate Bench of this Court vide order dated23.6.2021 passed in Criminal Misc. Bail Application No. 18670 of 2021, hence the applicant is entitled for bail on the ground of parity.The applicant is in jail since 1.1.2021.
Learned A.G.A. opposed the prayer for bail but could controvert the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of submissions advanced and the provisions for initiation of cases and release of the accused in U.P. Gangsters and Anti Social Activities (Prevention) Act 1986 evidence complicity of the accused severity of punishment and reformative theory of punishment without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant- Prakash involved in Case Crime No.03 of 2021 under Section 3/1 U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station-Babina District- Jhansi be enlarged on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following condition. Further, before issuing the release order, the sureties be verified.
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.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 12.8.2021 Akbar