In view of COVID-2019 pandemic, the matter is being heard through video conferencing.
The instant application has been filed for bail of Udaybhan Singh @ Babloo, involved in Crime No.13 of 2021, under Section 2, 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Jamo, District Amethi.
Heard learned counsel for applicant, learned AGA for the State on video conferencing and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated only on the ground of old criminal history of the applicant. He further submits that only two cases have been shown in the Gang chart wherein applicant has already been bailed out. Learned counsel further submitted that although a criminal history of 14 additional cases have been shown by the State against the applicant but in most cases, either the applicant has been bailed out or has been acquitted and those cases have not been shown in the gang chart. It is further submitted that no criminal case against the applicant after 2018 has been shown in the gang chart. Learned counsel further submits that the applicant is neither a member or leader of any Gang nor involved in anti social activities. Learned counsel for the applicant further submits that the applicant is a law abiding person, languishing in jail since 06.01.2021. Learned counsel further submits that if the applicant is released on bail he will not misuse the liberty granted by this Court.
Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant. Learned AGA further submits that in view of gravity of offence, applicant is not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
The application for bail is allowed.
Let the applicant Udaybhan Singh @ Babloo involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witness.
iii. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charge and (iii) recording of statement under Section 313 CrPC (iv) argument / judgment.
vi. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 7.4.2021 P.s.