Heard learned counsel for the applicant and learned A.G.A. for the State This bail application has been filed in Case Crime No. 286 of 2015, under Section 3 (1) U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station Sahjanawa, District Gorakhpur.
The contention raised by learned counsel for the applicant is that as per gang chart only six cases are alleged to have been shown against the applicant, in which the applicant has been granted bail, copies of the bail order are annexed as Annexure nos. 3 to 8 to the affidavit accompanying the bail application. It is next contended that the applicant is in jail since 29.04.2016 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Counsel for the applicant further states that co-accused - Onkar Tiwari has already been enlarged on bail by this Court vide Criminal Misc. Bail Application No. 969 of 2016 (Onkar Tiwari Vs. State of U.P.) on 11.01.2016, copy of which has been produced and the same is taken on record.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail. However, any observation made herein above, will not affect the trial of the case.
Let the applicant ? Sarv Shakti Yadav, involved in Case Crime No. 286 of 2015, under Section 3 (1) of U.P. Gangster & Anti-Social Activities (Prevention) Act, Police Station - Sahjanawa, District ? Gorakhpur, be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
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 the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 03.06.2016.
Vinod.