Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16791 of 2021 Applicant :- Sarv Raj Opposite Party :- State of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Pathak,J.
1. Learned counsel for the applicant and learned A.G.A. have appeared through video conferencing and perused the record.
2. The present bail application has been filed by the applicant for enlarging him on bail in Case Crime No. 54 of 2021, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Milak, District- Rampur.
3. Learned counsel for the applicant submits that in the gang chart present applicant has been shown to be involved in two cases i.e. Case Crime No. 382 of 2020 and 2560 of 2020. It is submitted that in Case Crime No. 382 of 2020 applicant has already been granted bail by this Court vide orders dated 21.1.2021 (Annexure No.3) and in Case Crime No. 25601 of 2020 applicant has been acquitted vide orders dated 3.3.2021 (Annexure No.4). It is further submitted that the present applicant is also wanted in one another case Crime No. 148 of 2016 in which he has already been granted bail by this Court vide order dated 9.3.2021 (Annexure No.6). It is submitted that applicant is an innocent person and he has falsely been implicated under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 on the basis of forged and fictitious FIR for some ulterior motive. Neither the applicant is a member of any gang nor he is operating a gang and he has no concern with the commission of crime as mentioned in the FIR. There is no eye witness or public witness to this account. Applicant is languishing in jail since 22.2.2021. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail. It is further submitted that applicant has no criminal history except the three cases mentioned above.
4. Per contra, learned A.G.A. has vehemently opposed the bail application but he has submitted that innocence of applicant cannot be adjudicated at pre-trial stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in other case. In case, he is released on bail, he may misuse the liberty of bail.
5. Upon hearing learned counsel for the parties, perusal of the record and considering the complicity of accused, totality of facts and circumstances of the case as well as the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018)3 SCC 22, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on merits of the case at this stage, I find it an appropriate case to release applicant on bail.
6. The application is allowed. Let applicant, Sarv Raj Singh involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant shall not tamper with the prosecution evidence and shall not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall abide the orders of Court, shall attend the Court on each and every date and shall not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall not indulge in any unlawful activities.
(iv) The applicant shall not misuse the liberty of bail in any manner whatsoever.
7. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
8. 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.
9. The identity, status and residential proof of sureties shall be verified by Court concerned, and in case of breach of any of above conditions by applicant, the Court concerned shall be at liberty to cancel the bail.
Order Date :- 13.5.2021 Manish Tripathi