Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43627 of 2021 Applicant :- Vijay Kumar Gupta And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Praveen Kumar Singh,Anurag Vajpeyi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicants Vijay Kumar Gupta and Raja Gupta @ Jitendra Gupta seeking bail in Case Crime No. 225 of 2021, under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station Ramnagar, District Varanasi, during pendency of trial.
Submission of learned counsel for the applicants is that only one case each have been shown in the gang chart against the applicants, wherein the applicants have been granted bail by competent court. He further submitted that the applicants are innocent and they have not committed the alleged offences. Applicants are neither member of any gang nor they threatened any person nor have created a condition of insecurity in the society. There are no criminal antecedents of the applicants except the one case each mentioned in the gang chart. He next submitted that the applicant is languishing in jail since 30.03.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, complicity of accused, nature and severity of punishment, in case of conviction and all other attending circumstances were duly considered.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
The bail application is accordingly allowed.
Let the applicants Vijay Kumar Gupta and Raja Gupta @ Jitendra Gupta be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 v.k.updh.