Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12385 of 2021 Applicant :- Vipul Kumar Opposite Party :- State of U.P.
Counsel for Applicant :- Mayank Pranjal,Aman Arya Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Mayank Pranjal, learned counsel for applicant, learned A.G.A. for State. Perused the record.
Learned counsel for the applicant submits that apart from the cases mentioned in gang chart, applicant has certain more cases in which he has been granted bail. The bail orders have been brought on record at page 18 and 20 of the affidavit filed in support of bail application. Learned counsel for applicant contends that there is no material on record against the applicant to invoke the provisions of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. The applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail. The applicant is in jail since 9.11.2020.
Per contra; learned A.G.A. has opposed the prayer for bail.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant- Saddam involved in Case Crime No. 16 of 2021, under sections 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Ramgarhtaal, District Gorakhpur 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:
1. The applicant will not tamper with the evidence.
2. He shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. He shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 8.4.2021 Arshad