Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of the accused-applicant/Ram Chandar @ Doctor Pasi for grant of bail, in Case Crime No. 238 of 2020, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Katra Bazar, District Gonda, during pendency of trial.
Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the three criminal cases mentioned in the gang chart. However, in all these three criminal cases mentioned in the gang chart, he has been released on bail. Copies of the bail orders passed by the competent courts with regard to these three criminal cases have been placed at Page No. 28, 33 and 38 of the paper book.
It is further submitted that apart from the above mentioned three criminal cases, the applicant is not involved in any other criminal case and the informant of the F.I.R. without making any enquiry with regard to the fact as to whether any proceeds of the crime has been earned by the applicant has invoked the provisions of the Gangster Act and, therefore, the F.I.R. was lodged by the informant is also bad. Applicant is in jail in this matter since 11.11.2020 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart. It is also submitted that the offences levelled against the applicant are triable by Magistrate.
Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the accused-applicant.
Having regard to the overall facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant/Ram Chandar @ Doctor Pasi involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) 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 :- 22.1.2021 Praveen