Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12706 of 2021 Applicant :- Shiv Kumar Yadav @ Pakhandu Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Srivastava,Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Deepak Kumar Srivastava, learned Counsel for the applicant and Sri Manuraj Singh, learned A.G.A. for the State respondents.
It is contended by learned Counsel for the applicant that according to the gang chart four cases have been shown against the applicant. It is next contended that in Case Crime No. 102 of 2019 the applicant has no concerned with the aforesaid case. Regarding the other three cases it is contended that the applicant has been granted bail, photo copy of bail orders have been collectively annexed as Annexure-3 to the affidavit. It is next contended that apart from the aforesaid cases the applicant is involved in Case Crime No. 396 of 2006 and in the said case the applicant has also been granted bail, copy of bail order has been annexed as Annexure-5 to the affidavit. It is further submitted that the applicant is neither a member of any gang nor a gang leader and he has been falsely implicated in the present case due to ulterior motive and is in jail since 12.11.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as the averments made in the bail application.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Shiv Kumar Yadav @ Pakhandu involved in case crime no.157 of 2020, under Section 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, P.S. Obra, District Sonbhadra be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
1. the applicant shall not temper with the prosecution evidence.
2. the applicant shall not pressurize the prosecution witness;
3. the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.
Order Date :- 5.4.2021/S.S.