Allahabad High Court
Ajay & Anr. 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. - 4140 of 2021
Applicant :- Ajay & Anr.
Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Chandra,Krishna Pratap Singh
Counsel for Opposite Party :- Govt.Advocate
Hon'ble Virendra Kumar Srivastava,J.
In view of COVID-2019 pandemic, the matter is being heard through video conferencing.
Heard learned counsel for applicants, learned AGA for the State on video conferencing and perused the record.
The instant application has been filed for bail of Ajay and Rakesh, involved in Case Crime No.496 of 2020, under Section 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station- Maholi, District- Sitapur.
Learned counsel for the applicants submits that the applicants are innocent and have been falsely implicated by the police only on the ground of old criminal history of the applicants. Learned counsel further submits that the applicants are 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 two cases have been shown against the applicants in the gang chart wherein the applicants have already been granted bail and the bail orders have been annexed as Annexure Nos.3 and 4.
Learned counsel for the applicants further submits that the applicants are law abiding persons, languishing in jail since 13.08.2020. Learned counsel further submits that if the applicants are released on bail they 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 applicants. Learned AGA further submits that in view of gravity of offence, applicants are 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 applicants- Ajay and Rakesh involved in the aforesaid case crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence.
ii. The applicants shall not threaten or harass the prosecution witness.
iii. The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel.
v. The applicants 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 applicants 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 them in accordance with law.
Order Date :- 12.4.2021
Ashutosh Pandey
