Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49229 of 2021 Applicant :- Prince Gupta Opposite Party :- State of U.P.
Counsel for Applicant :- Chandra Bhushan Singh Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed by the applicant- Prince Gupta with a prayer to enlarge him on bail in Case Crime No.0389 of 2021, under Sections- 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Kotwali, District-Mau.
Learned counsel for the applicant contended that in the gang- chart, four cases have been shown in which the accused applicant is on bail. Learned counsel also contended that apart from four case shown in the gang-chart, the accused applicant is involved in another case crime no.598 of 2018, U/s 379 & 411 IPC, P.S. Kotwali Sadar, District- Deoria and in this case the accused-applicant has already been enlarged on bail. The applicant is languishing in jail since 13.06.2021 and further undertakes that he will not misuse the liberty and will co- operate in trial, in case he is released on bail.
Learned A.G.A. has vehemently opposed the bail application but could not disputed the aforesaid facts.
Considering the rival submissions of the parties, nature of allegations made in the FIR, nature of offence and all other attending circumstances, without expressing any opinion on the merits of the case, the Court is of the view that a case for bail is made out.
Accordingly, bail application is allowed.
Let the applicant- Prince Gupta involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of 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. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.12.2021 C. MANI