Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 216 of 2021 Applicant :- Shripal @ Munnalal Opposite Party :- State of U.P.
Counsel for Applicant :- Jay Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 178 of 2020, under Section 2/3 U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station Deoriya Kalan, District Pilibhit.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the instant case. It is also contended by learned counsel for the applicant that in the gang chart four cases have been shown against the applicant in which he has been enlarged on bail. The bail orders are on record as Annexure-3 to the bail application. It was also contended that apart from the aforesaid cases shown in the gang chart the applicant was implicated in some other cases in which he has also been released. The said fact has been disclosed in paragraph 9 to the bail application. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the applicant is languishing in jail since 28.9.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence. In case, the applicant is released on bail, he will again indulge in similar activities and will misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail.
Let the applicant Shripal @ Munnalal involved in aforesaid case crime be released on bail on his 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 will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 6.1.2021 Puspendra