Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36121 of 2018 Applicant :- Ram Murat Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that according to gang chart, only one case had been shown against accused applicant and he is on bail. Criminal history of three cases mentioned in bail rejection order dated 28.7.2018 passed by Sri Ashok Kumar, Special Judge (Gangster Act)/ Additional Session Judge, Court No. 3, Jaunpur out of which one case Crime No. 684 of 2009, under Section 3/25 Arms Act has wrongly been shown against the applicant and only two cases are against the applicant. The applicant has been falsely implicated in the present case. He is languishing in jail since 18.7.2018 (more than two months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the gang chart.
Learned A.G.A. opposed the prayer for bail and admitted that there is no criminal history against the applicant except the gang chart and further he could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ram Murat Yadav involved in Case Crime No. 18 of 2018, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kerakat, District - Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 A. Singh
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36121 of 2018 Applicant :- Ram Murat Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Mahendra Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Learned counsel for the applicant submits that criminal history of three cases have been mentioned in bail rejection order dated 28.7.2018 passed by Sri Ashok Kumar, Special Judge (Gangster Act)/ Additional Session Judge, Court No. 3, Jaunpur out of which one case Crime No. 684 of 2009, under Section 3/25 Arms Act has wrongly been shown against the applicant.
It appears that case Crime No. 684 of 2009 has wrongly been shown in bail rejection order dated 28.7.2018 on the basis of report of police station concerned and argument raised by D.G.C./A.D.G.C. (Criminal).
Call for a report on this issue from Prosecution Officer concerned through District Judge, Jaunpur. Report be submitted on or before the date fixed.
Sri D.N. Tiwari, learned A.G.A. is directed to explain as to why and under what circumstances, D.G.C./A.D.G.C. (Criminal) of court concerned has wrongly mentioned/argued the above-said fact before court concerned at the time of hearing, by filing an affidavit, on or before the date fixed.
List this matter on 24th, October 2018 at 4.15 p.m. in the Chamber.
Copy of this order be provided free of cost to Sri, D.N. Tiwari, learned A.G.A. within 24 hours for compliance.
Office is directed to send a copy of this order through FAX or e-mail within 24 hours to District Judge, concerned for necessary compliance.
Order Date :- 25.9.2018 A. Singh