Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11237 of 2018 Applicant :- Vinay Kumar Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Rabindra Bahadur Singh,Ruby Goutam Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused- applicant Vinay Kumar Yadav, who is involved in Case Crime No. 15 of 2018, under Section 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station - Mirzamurad, District - Varanasi.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are three cases shown in the gang chart at Case Crime Nos. 458 of 2017, 509 of 2017 and 893 of 2017 in which he is on bail. Copy of bail orders have been annexed at Annexure Nos. 3, 4 and 5 of the affidavit appended to the bail application. The applicant has no other criminal history. He undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 29.01.2018.
Learned counsel for the applicant contended that in all the three cases shown in the gang chart, the applicant has been made accused on the basis of confessional statement of co-accused before police, which is inadmissible evidence.
Per contra, learned A.G.A. has opposed the prayer for bail.
There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Vinay Kumar Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 28.3.2018 I. Batabyal