Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48258 of 2017 Applicant :- Yashpal Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- G.S. Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 345 of 2016, under Section 2/3 U.P. Gangster Act, P.S. Prem Nagar, District Jhansi.
Learned counsel for the applicant contended that in the gang chart, in connection with the present case, six cases have been shown against him and in all of them he has already been released on bail and in connection therewith, he has filed the bail orders as Annexure No. S.A.-1 to the supplementary affidavit. By means of Annexure No. S.A.-2 to the supplementary affidavit, he has explained away the details of the previous criminal history of the applicant and in most of the cases, he has been acquitted and in some, he is on bail and in some, he was granted bail in appeal. He has also filed an order dated 27.01.2014 granting bail to the applicant by this Court in Criminal Appeal No. 314 of 2014. It is further contended that the applicant is languishing in jail since 26.07.2016.
On contrary, learned AGA opposed the prayer for bail but could not controvert the fact stated so in the supplementary affidavit in connection with the bail orders in six cases shown in the gang chart.
Considering the facts and circumstances of the case and the argument advanced by learned counsel for the applicant but at the same time without going into the merits of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Yashpal Yadav involved in aforesaid case be released on bail on his executing a personal bond of Rs. 50,000/- and furnishing two sureties each of the like amount to the satisfaction of the court concerned subject to the condition that he shall report before the court concerned in the first week of every month besides such other appearance as fixed by the court and shall not abide the same, failing which, the State will be at liberty to move for cancellation of bail.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 28.3.2018/IrfanUddin