Vinod Patel Vs State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2085 of 2022

Applicant :- Vinod Patel Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

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This application has been moved with a prayer to release the applicant on bail during the trial in Case Crime No. 266 of 2021, under Section 3(1) of U.P. Gangster Act, P.S. Manduadih, District Varanasi.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. He further submits that only one case has been shown in the gang chart against the applicant in which he has been enlarged on bail. It has also been submitted that the applicant is not involved in any anti-social activities and he is not a member of any gang. He further submits that there is no any other criminal history of the applicant except the present case. The applicant is in jail since 29.5.2021. In case he is granted bail, he will not misuse the liberty.

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Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the fact that the applicant has been enlarged on bail in one case depicted in gang chart and there is no any other criminal history of the applicant except the present case.

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Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, I find that applicant has been enlarged on bail in the cases mentioned in the gang chart and there is no other criminal antecedents except the aforesaid case and, therefore, without commenting on the merits of the case, I find it a fit case for bail.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India) . These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Vinod Patel involved in aforesaid crime 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 :-

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i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(iv) 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.

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Order Date :- 23.2.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.02.25 12:09:03 IST Reason: Location: High Court of Judicature at Allahabad

Vinod Patel v. State of U.P.

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Vinod Patel v. State of U.P.

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