Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28252 of 2021 Applicant :- Ram Awadh Rajbhar Opposite Party :- State of U.P. Counsel for Applicant :- M.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Counter affidavit, filed by learned A.G.A. and rejoinder affidavit, filed by the learned counsel for the applicant, are taken on record.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime no. 315 of 2020, under Sections 2/3(1) of U.P. Gangster And Anti-Social Activities (Prevention) Act, 1986, P.S. Bansdeeh Kotwali, District Ballia, with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that there is no cogent material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act and that applicant does not fall within the ambit of Gangster. It was further submitted that in the gang chart, three cases have been shown against the applicant, in which he is already on bail, copies of which have been annexed as Annexure 3 to the bail application and Annxure SA-1 to the supplementary affidavit. Apart from the cases shown in gang chart, there is no criminal history of five cases against the applicant in which he is already on bail and criminal history has duly been explained. It was next submitted that now the applicant is in judicial custody since 29.11.2020, having no other criminal history and that in case, applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submissions of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Ram Awadh Rajbhar involved in the aforesaid crime be released on bail on furnishing a personal bond and two heavy sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 26.10.2021 A. Tripathi