Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37293 of 2021 Applicant :- Vinod Pandey Opposite Party :- State of U.P.
Counsel for Applicant :- Kuldeep Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the material on record.
Learned counsel for the applicant submitted that the applicant is innocent and he has been falsely implicated, in this case, on the basis of one criminal case as shown in the gang-chart in which the applicant has already been granted bail. There is no other criminal history of the accused-applicant. Copy of the bail order has been annexed as annexure-4 to the affidavit. It is further submitted that applicant is in jail since 23.04.2021 and there is no likelihood of applicant's fleeing from course of justice or tampering with evidence in case he is released on bail or involving in any criminal case in future. Hence, bail has been prayed for during trial.
Learned A.G.A. has vehemently opposed the bail application but could not disputed the fact that the applicant has already been enlarged on bail.
Keeping in view the nature of the offence, complicity of the accused, severity of punishment and considering the rival submissions of the learned counsel for the parties, without commenting any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Accordingly, the bail application is allowed.
Let the applicant- Vinod Pandey involved in Case Crime No.66 of 2021, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Kaushambi, District-Kaushambi be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 27.10.2021 C. MANI