Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43445 of 2021 Applicant :- Sumit Dubey @ Banti and another Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Vikram Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicants who are involved in Case Crime No.520 of 2021, under section 2/3 U.P. Gangster & Anti Social Activities Act, 1986, Police Station Kotwali, district Mainpuri and the applicant no.1 is in jail since 13.04.2021 and the applicant no.2 is in jail since 13.05.2021, are seeking enlargement on bail during the trial.
An first information report dated 29.08.2021 was lodged under Section 2/3 U.P. Gangster and Anti Social Activities Act, 1986 alleging that the applicant alongwith others formed a gang and have committed various offences.
Learned counsel for the applicants submitted that the applicants have been implicated in the present case on the basis of their involvement in one other criminal case mentioned in gang chart, copies whereof have been annexed on page no.27 of the affidavit accompanying this bail application. He next submitted that the applicants have been granted bail in the criminal case shown against them in the gang chart. Copy of the bail orders have been annexed on page no.6 onwards of the supplementary affidavit. He submitted that co-accused Manu @ Nati has been admitted to the concession of bail by another Bench of this Court by order dated 23.10.2021 passed in Criminal Misc. Bail Application No.41572 of 2021, copy whereof has been supplied by learned counsel for the applicant, which is taken on record. He claims parity, hence the applicants are entitled to be enlarged on bail.
The prayer for bail has been vehemently opposed by learned A.G.A. However he does not dispute the fact that the applicants have been granted bail in the case mentioned against him in the gang chart.
Keeping in view, the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicants are entitled to be enlarged on bail during the pendency of the trial.
Let the applicants Sumit Dubey @ Banti and Shivam @ Ankit Dubey involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicants will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.10.2021 R./