Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43892 of 2021 Applicant :- Tanvir Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is involved in Case Crime No.147 of 2021, under section 3 (1) U.P. Gangster and Anti Social Activities Prevention Act, 1986, Police Station Cantt., district Gorakhpur and the applicant is in jail since 13.09.2021, is seeking enlargement on bail during the trial.
An first information report dated 20.03.2021 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 applicant submitted that the applicant has 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 applicant has been granted bail in the criminal case shown against him in the gang chart. Copy of the bail orders have been annexed on page no.31 of the paper book. He submitted that co-accused Vijay Pratap Singh has been admitted to the concession of bail by another Bench of this Court by order dated 24.08.2021 passed in Criminal Misc. Bail Application No.18606 of 2021, copy whereof has been supplied by learned counsel for the applicant, which is taken on record. He claims parity, hence the applicant is 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 applicant has 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 applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the Tanvir Khan 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./