Allahabad High Court
Shankar Lal Yadav vs State Of U.P. on 12 April, 2021
Bench: Virendra Kumar Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 33
Case :- BAIL No. - 8510 of 2020
Applicant :- Shankar Lal Yadav
Opposite Party :- State of U.P.
Counsel for Applicant :- Pranshu Agrawal,Illegible,Om Prakash Yadav
Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
In view of COVID-2019 pandemic, the matter is being heard through video conferencing.
The instant application has been filed for bail of Shankar Lal Yadav, involved in Crime No.321 of 2020, under Section 3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station- PGI, District- Lucknow.
Heard learned counsel for applicant, learned AGA for the State on video conferencing and perused the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated by the police only on the ground of old criminal history of the applicant. Learned counsel further submits that the applicant is neither a member or leader of any Gang nor involved in any anti social activities pertaining to the Gangster Act. Learned counsel further submits that only five cases have been shown against the applicant in the gang chart wherein the applicant has already been bailed out and the details whereof has been mentioned in para Nos.4 and 5. Learned counsel further submits that co-accused Kamal Tripathi, Avinash @ Chaturi and Maan Singh have already been bailed out by co-ordinate Bench of this Court vide order dated 01.12.2020 passed in Bail No.9961 of 2020 (Kamal Tripathi Vs. State of U.P.), vide order dated 07.08.2020 passed in Bail No.4651 of 2020 (Avinash @ Chaturi Vs. State of U.P.) and vide order dated 30.07.2020 passed in Bail No.5176 of 2020 (Maan Singh Vs. State of U.P.) respectively. Learned counsel further submits that other criminal cases lodged against the applicant as shown by the State in his counter affidavit have already been well explained in the rejoinder affidavit.
Learned counsel for the applicant further submits that the applicant is a law abiding person, languishing in jail since 15.05.2020. Learned counsel further submits that if the applicant is released on bail he will not misuse the liberty granted by this Court.
Learned AGA vehemently opposed the prayer for bail but did not dispute the factual submission advanced by learned counsel for the applicant. Learned AGA further submits that in view of gravity of offence, applicant is not entitled to be released on bail.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed.
The application for bail is allowed.
Let the applicant- Shankar Lal Yadav involved in the aforesaid case crime be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witness.
iii. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
iv. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
v. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case (ii) framing of charge and (iii) recording of statement under Section 313 CrPC (iv) argument / judgment.
vi. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 12.4.2021
Ashutosh Pandey
