Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13199 of 2021 Applicant :- Shubham Gupta @ Shivam Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Ashok Kumar Singh, 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 two cases have been shown against the applicant and in the said cases he has been granted bail, photo copy of bail orders have been annexed as Annexure-3 and 4 to the affidavit filed. It is next submitted that the co-accused Vivek Maurya has been granted bail by this Court in Criminal Misc. Bail Application No. 41295 of 2020 vide order dated 25.11.2020. 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 9.5.2020 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 Shubham Gupta @ Shivam Gupta involved in case crime no.108 of 2020, under Section 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, P.S. Panki, District Kanpur Nagar 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.