Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11937 of 2021 Applicant :- Sarvraj @ Sunil Opposite Party :- State of U.P.
Counsel for Applicant :- Anup Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant Sarvraj @ Sunil to release him on bail in Case Crime No. 125 of 2020, under section 2/3 of U.P. Gangster Anti Social Activities (Prevention) Act, 1986, Police Station Katra, District Shahjahanpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number on the basis of two cases shown in gang chart whereas in all two cases, he is on bail and on the basis of same cases, present implication under section 2/3 of U.P. Gangster Anti Social Activities (Prevention) Act, 1986 has been made. Applicant is in jail since 24.3.2020 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail or involving in any criminal case in future. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application with this contention that gang chart itself shows that applicant was having a criminal antecedent of character invoking implication of cases for offences punishable under section 2/3 of U.P. Gangster Anti Social Activities (Prevention) Act, 1986.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that in case crime number 109 of 2020 punishable for offence under section 307/34 IPC and Section 3/5Ka/8 Cow Slaughter Act, Police Station Katra, District Shahjahanpur was in sequence of offence punishable under section 25 of Arms Act in the same occurrence and learned Sessions Judge, Shahjahanpur has granted bail in above case crime number on 29.7.2020 in bail application no. 1759 of 2019, of which certified copy is there at page no. 22 of the bail application.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Sarvraj @ Sunil , involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.5.2021 Ravi Prakash