Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13510 of 2021 Applicant :- Siddhant Sharma Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Surendra Mohan Mishra, learned counsel for applicant and learned A.G.A. for State.
Supplementary affidavit filed by learned counsel for the applicant in Court today is taken on record.
Perused the record.
Instant bail application has been filed by applicant- Siddhant Sharma for seeking his enlargement on bail in Case Crime No. 257 of 2020, under Section 3(1) U.P. Gangsters and Anti Social Activities(Prevention) Act, 1986, Police Station-Siddharth Nagar, District-Siddharth Nagar, during pendency of trial.
According to the gang chart, applicant is said to be involved in one criminal case wherein he is on bail. Copy of bail order is appended alongwith the supplementary affidavit filed in support of bail application and is at page 7 of the same. Apart from the case mentioned in gang chart applicant has three more cases in which applicant has already enlarged on bail. Copy of acquittal orders are appenened with the supplementary affidavit filed in support of bail application and are at page Nos. 11, 23 and 27. Applicant alleges false implication in the present case due to police rivalry. He is languishing in jail since 5.6.2020. In case, applicant is enlarged on bail, he will not misuse the liberty of bail.
Per contra; learned A.G.A. has opposed the prayer for bail.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant-Siddhant Sharma be released on bail in Case Crime No. 257 of 2020, under Sections 3(1) U.P. Gangsters and Anti Social Activities(Prevention) Act, 1986, Police Station- Siddharth Nagar, District-Siddharth Nagar, 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.
(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.
Accordingly, the instant bail application is allowed.
Order Date :- 8.4.2021 Ankita