Heard learned counsel for the applicant and learned A.G.A.
The instant bail application has been filed on behalf of the applicant Raish Kankali, with a prayer to release them in Case Crime No.86 of 2021, under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Khetasarai, District Jaunpur, during pendency of the trial.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. Two cases have been shown in the gang-chart against the applicant in which the applicant has been released on bail by the court concerned. He has further submitted that applicant having no criminal history except cases shown in the gang chart. He next contended that the applicant is neither involved in any anti-social activities nor a leader of any gang. The applicant is languishing in jail since 22.06.2021. In case, the applicants are released on bail, they will not misuse the liberty of bail, if granted and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicant, Raish Kankali, who is involved in Case Crime No.86 of 2021, under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Khetasarai, District Jaunpur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. 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.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 :- 17.8.2021/SKD