Criminal Misc. Bail Application filed by Ajay @ Baba in a case under U.P. Gangsters Act. The court recorded arguments for release on bail, noting prior bail in related cases and alleged false implication. The application was allowed subject to standard conditions.
Release on bail on personal bond and two sureties in the like amount.
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Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4958 of 2022
Applicant :- Ajay @ Baba Opposite Party :- State of U.P. Counsel for Applicant :- Shivam Yadav,Akhilesh Singh Counsel for Opposite Party :- G.A.
Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 0415 of 2021, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Bewar, District Mainpuri.
Learned counsel for the applicant contends that the applicant is innocent and has been falsely implicated in the present case. It is also submitted that the applicant has already been enlarged on bail in all five cases shown in the gang chart by the court below itself. With reference to Case Crime Nos.520 of 2018, 521 of 2018 and 522 of 2018 it is stated that all three cases were lodged on the same day in respect of non-existent event in which the allegation was of firing on the police party but none had sustained any injury. Similarly, in other cases also though the offences are under serious sections but neither anyone has sustained any injury nor any injury report is on record. Contention is that the applicant has been falsely implicated in all the above cases and he has already been released on bail in all cases. Submission is that neither the applicant is a member of any gang nor is involved in any gang activity and that the trial is not likely to be concluded shortly on account of Covid19 pandemic. It is also contended that the applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial. The applicant is in jail since 02.12.2021.
Learned A.G.A. opposes the bail application.
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.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Ajay @ Baba be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the instant bail application is allowed.
Order Date :- 16.2.2022 Ashok Kr.
Digitally signed by ASHOK KUMAR Date: 2022.02.17 10:50:45 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant, charged under the U.P. Gangsters and Anti-Social Activities Act, is entitled to bail considering his prior bail history and allegations of false implication.
Ajay @ Baba
Ashwani Kumar Mishra
Ashok Kr
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
