Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16713 of 2021 Applicant :- Satyam Nishad And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Adya Prasad Tewari Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicants, Satyam Nishad, Praddumna Nishad, and Kishan Nishad, in connection with Case Crime No.65 of 2021, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Shahpur, District Gorakhpur.
Heard learned Counsel for the applicants and learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicants is that the applicants have been implicated in the present case on account of his involvement in a solitary case being Case Crime No.150 of 2020, under Section 60(1) Excise Act, and section 272, IPC, Police Station Shahpur, District Gorakhpur without there being anything to show that they are either members or the leaders of the gang. It is next argued that the applicants have been admitted to bail in the substantive offence by the Court of Sessions vide order dated 22.05.2020. It is pointed out that the applicants are respectable men, who are in jail since 16.02.2021.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that prima facie there is nothing to show that the applicants are either a member or the leader of a gang, the fact that the applicants are on bail in the substantive offences, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicants, Satyam Nishad, Praddumna Nishad, and Kishan Nishad, in connection with Case Crime No.65 of 2021, under Section 3(1) of the Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station Shahpur, District Gorakhpur be released on bail on executing their personal bonds and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the Trial Court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 11.5.2021 NSC