Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16691 of 2021 Applicant :- Yashwant @ D.M.
Opposite Party :- State of U.P.
Counsel for Applicant :- Lok Nath Shukla Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This is an application for bail on behalf of the applicant, Yashwant @ D.M., in connection with Case Crime No.09 of 2021, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Gola, District Gorakhpur.
Heard learned Counsel for the applicant and learned A.G.A. appearing for the State through video conferencing.
The submission of the learned Counsel for the applicant is that the applicant has been implicated in the present case on account of his involvement in the substantive offences detailed in the gang chart without there being anything to show that he is either a member or the leader of the gang. It is next argued that the applicant has been admitted to bail in the substantive offences, being Case Crime No.487 of 2019, under Sections 147, 148, 149, 323, 504, 506, 326, 307, 34 IPC, Police Station Gola, District Gorkhpur, and Case Crime No.274 of 2019, under Sections 147, 452, 504, 506, IPC, Police Station Gola, District Gorakhpur by this Court vide order dated 09.07.2020 passed in Criminal Misc. Bail Application No.17833 of 2020 and by the Court of Judicial Magistrate-II, Gorakhpur. Learned Counsel for the applicant has taken this Court through the bail orders, copies of which are annexed as Annexure no.3 to the affidavit filed in support of the bail application. It is pointed out that the applicant is in jail since 12.03.2021. Learned A.G.A. has opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of allegations, the gravity of the offence, the severity of punishment, the evidence appearing in the case, in particular, the fact that prima facie there is nothing to show that the applicant is either a member or the leader of a gang, the fact that the applicant is on bail in the substantive offences, but without expressing any opinion on merits, this Court, finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Yashwant @ D.M., in connection with Case Crime No.09 of 2021, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Gola, District Gorakhpur be released on bail on executing his personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the Trial Court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
(vi) The party shall file a computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vii) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(viii) The Court/Authority/Official concerned shall verify the authenticity of the computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the Trial Court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 11.5.2021 NSC