Heard learned counsel for the applicant, 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. 04 of 2021, under Section 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Chakiya, district-Chandauli and is in jail since 18.1.2021, is seeking enlargement on bail during the trial.
The FIR dated 1.1.2021 was lodged against the applicant, alleging involvement of the applicant in offences under the provisions of the U.P. Gangsters Act. The contention of learned counsel for the applicant is that in the gang chart appearing on page no.22 of the affidavit, the name of the applicant has been shown only in respect of one case bearing case crime no. 79 of 2020. It is contented that the applicant has been enlarged on bail in that case by means of the order dated 17.8.2020 in Bail Application no. 766 of 2020, which has been enclosed as Annexure-3 to the affidavit accompanying bail application. It is further contended that applicant is absolutely innocent and has been falsely implicated in the present case. It is also contended that apart from Case Crime no. 79 of 2020 and the present case, the applicant has no criminal history.
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 solitary case mentioned against him in the gang chart.
Keeping in view the facts and circumstances of the case, nature of the offence, evidence, complicity of the accused, severity of the punishment, submissions of learned counsel for the parties, considering the law laid down in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 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 applicant, Umashankar Gaur Alias Balwant Narayan Chakrawarti be released on bail in the aforesaid case on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He 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.
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 :- 18.2.2021 Faridul