Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44597 of 2021 Applicant :- Pramod Kumar Upadhyay Opposite Party :- State of U.P.
Counsel for Applicant :- Purushottam Mani Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Pramod Kumar Upadhyay seeking bail in Case Crime No. 134 of 2021, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station Ahirauli Bazar, District Kushinagar, during pendency of trial.
Submission of learned counsel for the applicant is that only one case has been shown in the gang chart against the applicant, wherein the applicant has been granted bail. He further submitted that the applicant is innocent and he has not committed the alleged offence. Applicant is neither member of any gang nor he threatened any person nor has created a condition of insecurity in the society. There is no criminal antecedent of the applicant except the one case mentioned in the gang chart. He next submitted that the applicant is languishing in jail since 30.01.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, complicity of accused, nature and severity of punishment, in case of conviction and all other attending circumstances were duly considered.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
The bail application is accordingly allowed.
Let the applicant Pramod Kumar Upadhyay be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 24.12.2021 SA