Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21877 of 2021 Applicant :- Vishwajeet Kumar Nishad @ Chipta @ Anuj And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
Learned counsel for the applicants is permitted to make necessary correction in the memo of bail application during course of the day.
It is submitted by learned counsel for the applicants that applicants are on bail in all the cases shown against them in the gang chart. Applicants have been falsely implicated in the present case due to ulterior motive. There is no reliable evidence against them. It is further submitted that in case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the gang chart.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that applicants have made out a case for bail. The bail application is allowed.
Let applicants Vishwajeet Kumar Nishad @ Chipta @ Anuj, Monu Kumar Nishad and Rakesh Pal involved in Case Crime No.104 of 2021 under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Khorabar, District - Gorakhpur be released on bail on their furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 26.10.2021 / ss