Order on Criminal Misc. Exemption Application This exemption application is allowed.
Order on Criminal Misc. Anticipatory Bail Application Heard SriMahesh Kumar Kuntal,counsel for the applicant and learned A.G.A for the State.
The instant bail application has been filed on behalf of the applicant,Ranjit @ Gudda, with a prayer to release him on bail in Case Crime No. 521 of 2020, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station-Highway, District- Mathura, during pendency of trial.
According to the gang chart the applicant is said to has been involved in eight criminal cases wherein he is on bail. The applicant alleges false implication in the present case due to police rivalry. The applicant has criminalhistory of 10 more cases which have been explained inaffidavit in support ofthe bailapplication. He is languishing in jail since 07.12.2020. All the cases are of about similar nature.Counsel for the applicant submits that the police has implicated the applicant in cases of similar nature only to work out the unsolved cases falsely.
Having considered the material on record, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
5. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
7. 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.1.2021 Rohit