Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13728 of 2021 Applicant :- Sajjan Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Manoj Kumar Singh, learned counsel for the applicant as well as Sri Suraj Singh learned AGA for the State and perused the material placed on record.
This bail application has been moved seeking bail in Case Crime No.394 of 2020 under sections 2/3 (1) of U.P. Gangsters and anti-Social Activities (Prevention) Act, Police Station Shivkuti, District Allahabad, during the pendency of trial.
The contention of the learned counsel for the applicant is that on the basis of a single case of Cow Slaughter Act, the present case of Gangster Act has been imposed against the accused- applicant and in the said case, the accused-applicant has already been granted bail by Additional Sessions Judge, Allahabad vide order dated 14.3.2019, copy of which is annexed as Annexure-
2. The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 08.02.2021. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Sajjan Khan involved in aforesaid case 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.4.2021 AU