The High Court granted bail to Om Prakash Yadav in a criminal case under the U.P. Gangster and Anti-Social Activities Act, 1986, noting his prior bail in another case linked to the same gang chart.
The applicant is released on bail pending trial, subject to furnishing a personal bond and two sureties, and complying with specific conditions.
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Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27111 of 2022
Applicant :- Om Prakash Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Subhash Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Gajendra Kumar,J.
A Supplementary affidavit has been filed by Shri Subhash Singh Yadav, Advocate on behalf of the applicant which is taken on record.
Heard Shri Subhash Singh Yadav, the learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant with the prayer to enlarge him on bail in Case Crime No. 59 of 2021, under Section 3(1) of U.P. Gangster and Anti-Social Activities (prevention) Act, 1986 , P.S. Bhanwarkol District Ghazipur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to ulterior motive. As per the gang chart, only one case has been shown against the applicant in case crime no.15 of 2021 in which the applicant has already been enlarged on bail by another coordinate Bench of this Court vide order dated 06.12.2021 passed in Criminal Misc. Bail Application No.43777 of 2021. It is further submitted that the applicant is languishing in jail since 22.05.2021, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.
The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.
Having regard to the facts that the applicant has already been granted bail in sole case mentioned in the gang-chart, I am of the view that the applicant has made out a case for being enlarged on bail pending conclusion of the trial. The bail application is accordingly allowed.
Let the applicant - Om Prakash Yadav be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move an application bail before this Court seeking cancellation of bail.
Order Date :- 13.9.2022 A.N. Mishra
Digitally signed by AMARNATH MISHRA Date: 2022.09.15 11:18:18 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant merits release on bail in a case under U.P. Gangster and Anti-Social Activities (prevention) Act, 1986.
Whether the applicant, having secured bail in a sole case under the same gang chart, is eligible for bail in the present case.
1 provisions across 1 enactments
Om Prakash Yadav
Gajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
