Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12036 of 2021 Applicant :- Rajan Rajbhar@ Badakoo Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Singh Parmar Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit filed today is taken on record.
Heard Sri Vinod Kumar Singh Parmar, learned counsel for the applicant as well as Sri G.P. Singh, learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.9 of 2020 under sections 3 (1) of the U.P. Gangsters and anti-Social Activities (Prevention) Act, Police Station Chandawak, District Jaunpur, during the pendency of trial.
Submission made by the learned counsel for the applicant is that the applicant has been falsely implicated in the present case on the basis of two cases shown in the gang chart being case crime no.305 of 2019 under sections 394, 307, 411 IPC and section 7 Crl. Law Amendment Act, P.S. Chandwak, District Jaunpur and case crime no. 357 of 2019 under sections 392, 307 IPC, P.S. Jalalpur, District Jaunpur. In both these cases, he has been allowed bail by this Court vide order dated 28.1.2021 passed in Crl. Misc. Bail Application No. 43167 of 2020 and vide order dated 20.1.2021 passed in Crl. Misc. Bail Application No. 43779 of 2020, copies of the bail orders are annexed at pages 19 to 23 of the paper book. Apart from this, he has additional criminal history of four cases which have been explained in paragraph no. 13 of the affidavit. The order sheet dated 23.3.2021 indicates that a direction was given to the learned counsel for the applicant to explain the criminal history with respect to case crime no. 578 of 2019 and the same has been explained by filing the supplementary affidavit wherein it is stated by him that the applicant is neither named in the FIR nor does he have any connection with the same. He has also annexed the photocopy of the aforesaid FIR in order to establish that he is not named in the said case. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 31.1.2020. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Rajan Rajbhar@ Badakoo involved in aforesaid case crime 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 with the following conditions that :-
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.4.2021 AU