Single judge allowed bail application filed by an accused under the Uttar Pradesh Gangsters and Anti-Social Activities Act, imposing conditions to cooperate with trial and avoid criminal activities.
Applicant released on bail subject to furnishing a personal bond, two reliable sureties, and filing an undertaking to comply with court conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17726 of 2019
Applicant :- Bharat Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Ishwar Kumar Upadhyay,Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Supplementary affidavit filed by learned counsel for the applicant and Counter affidavit filed by State, are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.35 of 2019, under Section 2/3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Maniyar, District Ballia, applied for bail.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. He further submits that in all cases shown in gang chart against the accused-applicant, he has been released on bail. Applicant is in jail since 3.3.2019 It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Applicant explained his criminal history by filing supplementary affidavit.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant is a member of gang, having two cases against him, as shown in gang chart.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, number of cases shown in gang chart and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed .
Let applicant Bharat Yadav be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. Order Date :- 25.9.2019
Manoj
1 issue framed by the court
Whether the applicant, accused in a gang case, deserves bail despite the severity of punishment and pending cases.
2 provisions across 2 enactments
Bharat Yadav
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
