Court granted bail to Lalsa Yadav in a trial under the U.P. Gangster and AntiSocial Activities (Prevention) Act, 1986, subject to conditions regarding witness tampering and surrender on arrest.
Released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8515 of 2020
Applicant :- Lalsa Yadav @ Rama Kant Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Prasad Yadav,Munna Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 371 of 2019, under section 3(1) of U.P. Gangster and AntiSocial Activities (Prevention) Act, 1986, police station Mohammadabad, district Mau, during the pendency of trial.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in only one criminal case, in which he has already been enlarged on bail, copy of bail order has been brought on record as annexure 2 to the bail application. He has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 29.01.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Having considered the submissions of the parties, without expressing any opinion on the merits, let the applicant Lalsa Yadav alias Rama Kant Yadav, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
by intimidating/ pressurizing the witnesses, during the investigation or trial.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.2.2020
Sazia
1 issue framed by the court
Whether the applicant's bail application in a case under the U.P. Gangster and AntiSocial Activities (Prevention) Act, 1986 should be allowed.
Lalsa Yadav @ Rama Kant Yadav
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
