Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12327 of 2021 Applicant :- Priyanshu Singh @ Kallu Opposite Party :- State of U.P.
Counsel for Applicant :- Ashutosh Tiwari,Prabhakar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
1. Heard Mr. Ashutosh Tiwari, learned counsel for applicant and learned A.G.A. for State.
2. Perused the record.
3. 3. Instant bail application has been filed by applicant-Priyanshu Singh @ Kallu for seeking his enlargement on bail in Case Crime No.01 of 2021, under Sections 3(1) U.P. Gangsters and Anti Social Activities(Prevention) Act, 1986, Police Station- Dullahpur, District-Ghazipur, during pendency of trial.
3. According to the gang chart the applicant is said to be involved in 3 criminal cases wherein he is on bail. Copy of bail orders are appended with the affidavit filed in support of bail application at page 24, 27 and 31 of paper book. Apart from the cases mentioned in gang chart applicant has two more cases in which applicant has already enlarged on bail. Copy of bail orders are appenened with the affidavit filed in support of bail application at page 34 and 37 of peper-book. Applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 01.01.2021.
4. Per contra; learned A.G.A. has opposed the prayer for bail.
5. Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
7. Let the applicant-Priyanshu Singh @ Kallu be released on bail in Case Crime No.01 of 2021, under Sections 3(1) U.P. Gangsters and Anti Social Activities(Prevention) Act, 1986, Police Station- Dullahpur, District- Ghazipur., on furnishing a personal bond and two 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.
(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.
8. 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.
9. Accordingly, the instant bail application is allowed.
Order Date :- 8.4.2021 YK