Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant for enlarging him on bail in Case Crime No.21 of 2018, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Sarpataha, District Jaunpur.
Learned counsel for the applicant submits that in the gang chart name of the present applicant has been shown to be involved in six criminal cases, but in all the aforesaid criminal cases, the applicant had already been enlarged on bail by the court competent. Bail orders of all the aforesaid six cases are collectively filed as annexure no.3 to the affidavit filed in support of the bail application. It is further submitted that applicant has falsely been implicated under the Gangster Act, whereas, neither he is operating any gang nor he is part/member of any gang as mentioned in the F.I.R. Further submission is that co-accused Chandrabhan @ Bhanu, Raj Narayan @ Babloo, Ishtiyaq @ Nanhe @ Ninhe and Harun Kankali @ Pappi have already been granted bail by this Court. Copies of bail orders of all the accused are collectively filed as annexure no.4 to the affidavit filed in support of the bail application.
Learned counsel for the applicant further submits 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.
Per contra, learned A.G.A. has vehemently opposed the bail application and contended that innocence of the applicant 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.
Considering the facts and circumstances of the case as well as the submissions made by the learned counsel for the parties, without expressing any opinion on the merits of the case, this Court is inclined to grant bail to the present applicant.
Accordingly, the bail application is allowed. Let the applicant Sonu Lona be released on bail in the aforesaid case, on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant will not tamper with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
2. The applicant will abide by the orders of the Court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
3. The applicant will not indulge in any unlawful activities.
4. 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 the court concerned before the bonds are accepted and in case of breach of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 18.2.2021 Ravi/-