Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23880 of 2019 Applicant :- Sheshnath Yadav Opposite Party :- State Of Up Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No.1898 of 2017, under Sections 3(1) of The U.P. Gangsters Act & Anti Social Activities (Prevention) Act, 1986 PS. Bakhira, District Sant Kabir Nagar with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicant is that the applicant has been falsely implicated in the present case; there is no material against the applicant to invoke U.P. Gangster and Anit Social Activities (Prevention) Act; that in the gang chart one case has been shown against the applicant but in that case he is already on bail; that similarly situated co-accused Alok Kumar @ Ranveer Singh and Bhola Tiwari @ Santosh Tiwari have been granted bail by another co- ordinate bench of this Court vide order dated 15.5.2018 and 2.7.2018 passed in Criminal Misc.Bail Application No.17994 of 2018 and 24292 of 2018, photocopies of the bail orders have been produced for perusal; that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and that he is languishing in jail since 17.1.2019.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Shesnath Yadav involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not pressurize the prosecution witnesses.
(iii) The applicant shall appear on the date fixed by the trial Court
(iv) The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
(v) The applicant 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 them from disclosing such facts to the Court or to any police officer or temper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 10.6.2019 Rk