Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13181 of 2021 Applicant :- Rohit Kumar Bhartiya @ Bhunwar Opposite Party :- State of U.P.
Counsel for Applicant :- Bhuwan Raj,Rajnish Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
It is contended by the learned counsel for the applicant that according to the gang chart, copy of which has been filed as annexure-SA-1 to the affidavit, one case is pending against the applicant. It is also contended that in the aforesaid case the applicant has already been enlarged on bail, copy of bail order is filed as annexure-3 to the affidavit. It is further contended that the applicant is neither member of any gang nor gang leader and he has been falsely implicated in the present case. It is next contended that the applicant is in jail since 17.05.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as the averments made in the application.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Rohit Kumr Bhartiya alias Bhunwar, involved in case crime no. 353 of 2020 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Karchhana district Allahabad be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that :
1. the applicant shall not tamper with the prosecution evidence;
2. the applicant shall not pressurize the prosecution witnesses;
3. the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.
Order Date :- 5.4.2021 SS/Ashish