Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13185 of 2021 Applicant :- Yogesh Opposite Party :- State of U.P. Counsel for Applicant :- Ranjit Saxena Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Rakesh Kumar Shukla, Advocate, who has put in appearance on behalf of applicant by filing his vakalatanama in Court today, which is taken on record and learned A.G.A. for State Learned counsel for applicant produced certified copy of the F.I.R. in Court today and the same is taken on record. Perused the record.
Learned counsel for the applicant submits that according to the case mentioned in gang chart, applicant has criminal history of one case in which he has been granted bail. The bail order has been brought on record at page- 34 of the affidavit filed in support of bail application. According to learned counsel for applicant, there is no material against applicant to invoke the provisions of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. Applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail. Applicant is in jail since 04.01.2021.
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- Yogesh, involved in Case Crime No.227 of 2020, under sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S.- Raksa, District- Jhansi, 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. 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 Saif