Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16720 of 2021 Applicant :- Ramakant Opposite Party :- State of U.P.
Counsel for Applicant :- Avadh Raj Sharma Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
It appears that the original file of this case has been mistakenly placed in some other file. Even after the file being searched thoroughly, it could not be traced out. The Court then called for a true copy of the file from the learned A.G.A., who provided the same. Let this true copy be treated as the reconstructed record and orders passed on the same shall be treated to have been passed on the original papers.
This is an application for bail on behalf of the applicant, Ramakant, in Case Crime No. 579 of 2020, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station - Tappal, District - Aligarh.
Heard learned Counsel for the applicant and the learned A.G.A. appearing on behalf of the State.
The contention of the learned counsel for the applicant is that he has been implicated in the present crime on account of his involvement in substantive cases, being Case Crime No. 104 of 2019, under Section 3/7 Essential Commodities Act and Section 420, 424 IPC, Police Station - Tappal, District - Aligarh, and Case Crime No. 493 of 2019 under Section 3/7 Essential Commodities Act and Section 379, 411 IPC, Police Station - Tappal, District - Aligarh, without any consideration of any evidence by the Police authorities to the effect that may show that the applicant is a member of a criminal gang or its leader. It is emphatically argued that, in fact, there is no evidence to show that the applicant is a member of a criminal gang or its leader. It is asserted in paragraph nos. 9 and 10 of the affidavit that the applicant has been granted bail in both the substantive offences. The bail orders have been annexed as Annexure Nos. 3 and 4 to the affidavit filed in support of the bail application. It is also argued that the applicant is in jail since 15.12.2020.
Learned A.G.A. has opposed the prayer for bail.
Considering the overall facts and circumstances of the case, the gravity of the offence, the nature of allegations, the severity of punishment, and, in particular, the fact that the applicant has been enlarged on bail in both the substantive offences, and, the fact that prima facie there is no evidence to show that the applicant is a member of a criminal gang or its leader, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant - Ramakant involved in the aforesaid case be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the Trial Court.
(iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
(v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad, which shall be self attested by the counsel of the party concerned.
(vii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the condition(s) enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will, in no way, be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 11.5.2021 I. Batabyal