Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23606 of 2021 Applicant :- Rampati Kharwar And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Anubhav Shukla,Ram Shiromani Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Anubhav Shukla, learned Counsel for the applicant as well as learned A.G.A. and perused the record.
The accused- applicant is involved in Case Crime No 22 of 2021, under Section 3(1) of the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 registered at Police Station Manchi District Sonbhadra.
It is submitted by the learned counsel for the applicants that according to the gang chart the applicants are said to have been involved in one criminal case in which he has already been enlarged on bail and the copy of the same have been annexed as annexure No. 3 to the application. Learned counsel for the applicants further submitted that the applicants has falsely been implicated in the present case due to police rivalry. They are not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant no. 1 languishing in jail since 21.5.2021 and applicants no. 2 and 3 are languishing in jail since 21.4.2021, and in case they are enlarged on bail and they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the applicants are a member of gang and habitual of committing crime. In case the applicants are released on bail and they will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicants, Rampati Kharwar, Bhola Teli and Guddu Dhangar, who are involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 22.9.2021 Sweety Digitally signed by Justice Rajiv Joshi Date: 2021.09.22 16:43:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad