Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25722 of 2021 Applicant :- Sanjay Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 579 of 2019, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station Karchhana, District Prayagraj, during pendency of trial.
Submission of learned counsel for the applicant is that there is only one case shown in the gang chart, in which the applicant has been granted bail by coordinate Bench of this Court in Crl. Misc. Bail Application No. 48418 of 2018, on 10.01.2019. He further submitted that the applicant is quite innocent and he has not committed the alleged offence; that the applicant is not the member of any gang; that the applicant has neither threatened any person nor has created a condition of insecurity in the society; that the applicant is a poor person; that there is no criminal antecedent of the applicant except the one case mentioned in the gang chart. He next submitted that the applicant is languishing in jail since 29.01.2020.
Per contra, learned A.G.A. vehemently opposed the prayer for bail but did not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, complicity of accused, nature and severity of punishment, in case of conviction and all other attending circumstances were duly considered.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that there is no criminal antecedent of the applicant except the one case mentioned in the gang chart, in which the applicant has been granted bail by coordinate Bench of this Court, without commenting any opinion on merits of the case, the case for bail is made out.
The bail application is accordingly allowed.
Let the applicant Sanjay Pandey be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the dates fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of order downloaded from the official website of the High Court, Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the parties concerned.
The concerned authority/court/official shall verify the authenticity of the computerized copy of the order from the official website of the High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 v.k.updh.