Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present bail application has been filed by the applicant - Shyam Kishor Dubey with a prayer to enlarge him on bail in case crime no. 449 of 2020 under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Bewar, District - Mainpuri, during the pendency of the trial.
Learned counsel for the applicant has submitted that in the gang chart (annexure-2), the name of the applicant has been shown to be involved in three criminal cases i.e. case crime nos. 404 of 2020, 479 of 2020 and 481 of 2020. It is submitted that in all the aforesaid three case, the applicant has already been granted bail by the court below vide orders dated 6.11.2020, 24.11.2020 and 26.11.2020 respectively, which are collectively filed as annexure-3 to the affidavit filed in support of the bail application. It is further submitted that the applicant has falsely been implicated under the Gangster Act and no incriminating material has been recovered from him. He is neither a member of any gang nor does he operate any gang. In paragraph 14 of the affidavit, it is stated that that except the cases, as mentioned above, there is no criminal history against the applicant. Learned counsel for the applicant submitted that in case the applicant is released on bail he will not misuse the liberty of bail and there is no apprehension of his absconding or hampering the trial in any manner. The applicant is in jail since 27.1.2021.
Per contra, learned A.G.A. has vehemently opposed the bail application and contended that his innocence cannot be adjudicated at pre trail stage, therefore, he does not deserve any indulgence and there is likelihood of his involvement in other case. In case he is released on bail, he may misuse the liberty of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Shyam Kishor Dubey be released on bail in case crime no. 01 of 2021 under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Bewar, District - Mainpuri, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 18.2.2021 nd