1. Heard learned counsel for applicant, learned A.G.A. for the State and perused the record.
2. The present bail application has been filed by the applicant for enlarging him on bail in Case Crime No.185 of 2020, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Padri, District-Mirzapur.
3. Learned counsel for the applicant submits that the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 has been resorted to against the present applicant only on the basis of solitary case i.e. Case Crime No.26 of 2020 under Section 60, 63 and 72 of Excise Act, 1958 and under Section 420, 467, 468, 272 IPC as mentioned in the gang chart, wherein he has already been granted bail by the Court below vide order dated 20.10.2020, copy whereof has been filed as Annexure-3 to the affidavit filed in support of the bail application. It is further submitted that the applicant is an innocent person and he has falsely been implicated in the present matter for some ulterior motive. Neither the applicant is a member of any gang nor he is operating any gang. It is submitted that co-accused Vijay Harijan has also been enlarged on bail by this Court vide order dated 27.01.2021 passed in Criminal Misc. Bail Application No.5585 of 2021. Applicant is languishing in jail since 30.01.2021. There are no chances of applicant fleeing away from judicial process or tampering with prosecution evidence. He undertakes to appear personally on each and every date and also not seek any unnecessary adjournment during trial. In case, he is enlarged on bail, he will not misuse liberty of bail.
4. Per contra, learned A.G.A. has vehemently opposed the bail application. He has submitted that innocence of applicant cannot be adjudicated at pre-trial 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.
5. Upon hearing learned counsel for the parties, perusal of the record and considering the complicity of accused as well as totality of facts and circumstances of the case, without expressing any opinion on merits of the case at this stage, I find it an appropriate case to release applicant on bail.
6. The application is allowed. Let applicant, Sumit Kumar Pandey alias Chiva Pandey involved in aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with following conditions:
(i) The applicant shall not tamper with the prosecution evidence and shall not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant shall abide the orders of Court, shall attend the Court on each and every date and shall not delay the disposal of trial in any manner whatsoever.
(iii) The applicant shall not indulge in any unlawful activities.
(iv) The applicant shall not misuse the liberty of bail in any manner whatsoever.
7. The identity, status and residential proof of sureties shall be verified by Court concerned, and in case of breach of any of above conditions by applicant, the Court concerned shall be at liberty to cancel the bail.
Order Date :- 18.2.2021 Manish Himwan