Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49216 of 2021 Applicant :- Rahul Pal Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Sri Ajay Kumar Pandey, learned counsel for the applicant, learned A.G.A. and perused the record of the case.
The present bail application has been filed on behalf of applicant, Rahul Pal under Section 439 of The Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No.151 of 2020, under Section 2/3 (1) Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, registered at Police Station Sahatwar, District Ballia, during pendency of the trial.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. In the gang chart, annexed as Annexure-2 to the affidavit, three cases have been shown against the applicant bearing case crime no.107 of 2020, under Sections 302, 120-B, 34 I.P.C. and case crime no.120 of 2020, under Section 307 I.P.C. P.S. Shatwar, District Ballia and case crime no.330 of 2020, under Section 3/7/25 Arms Act, P.S. Kotwali, District Ballia. In Case Crime no.107 of 2020 and case crime no.330 of 2020 the applicant has been granted bail by co-ordinate Benches of this Court vide order dated 01.11.2021 passed in Criminal Misc. Bail Application No.33518 of 2021 and vide order dated 19.08.2021 passed in Criminal Misc. Bail Application no.12273 of 2021 respectively. In the aforesaid case crime no.107 of 2020 the applicant was not named and his name had come into light during the investigation, in the confessional statement. In case No.120 of 2020 the applicant has been granted bail vide order dated 17.11.2020 by the court of sessions judge. Copy of the bail orders have been annexed as Annexure- 3 to the affidavit.
It is further submitted that the applicant is not a member or leader or organizer of a gang and he has not abetted or assisted in the activities of a gang as enumerated in clause (b) of Section 2 of the Act. Applicant has no criminal history except the aforesaid case. It is next submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 10.09.2020, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Per contra learned A.G.A. has opposed the prayer for bail of the applicant, but has not pointed out any other case against the applicant except the cases shown by learned counsel for the applicant.
Upon considering the totality of facts, nature and the evidence reflected from record and also taking into consideration the provision of Section 19(4) of the Act and without expressing any opinion on merits of the case, I find it to be a fit case for bail. Hence, the present bail application is allowed.
Let applicant Rahul Pal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
(i) The applicant shall not directly or indirectly make any inducement, threat, or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer or tamper with the evidence.
(ii) The applicant shall not pressurize/intimidate the prosecution witnesses.
(iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C.
(iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court.
(v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 21.12.2021 Asha