Allahabad High Court
Sanjay Kumar @ Pankaj Kumar Yadav vs State Of U.P. on 9 July, 2021
Bench: Abdul Moin
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 18
Case :- BAIL No. - 3435 of 2021
Applicant :- Sanjay Kumar @ Pankaj Kumar Yadav
Opposite Party :- State of U.P.
Counsel for Applicant :- Vaibhav Misra,Anand Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Abdul Moin,J.
Case is taken up through video conferencing in terms of order issued by Hon'ble Chief Justice taking into consideration the COVID-19 situation.
Heard learned counsel for the applicant and learned Additional Government appearing on behalf of the State.
The present bail application has been filed praying for bail in Case Crime No. 0293 of 2020 lodged under Section 2/3 of the Uttar Pradesh Gangster Act, 1986 at Police Station- Sarojni Nagar, District- Lucknow.
As per the FIR, the applicant has been found to be a gang member of a gang operating under the concerned thana.
Learned counsel for the applicant contends that as per the gang chart, a copy of which has been filed as annexure 2 to the bail application there are eight cases indicated against the applicant in which the applicant has been granted bail in all the said cases. Copies of the bail order have been filed as annexure 3 to 10. Learned counsel for the applicant also contends that in paragraphs 7 to 14 of the counter affidavit, the applicant having been given bail in all eight cases, has not been disputed.
Learned AGA also does not dispute that the applicant has been granted bail in all eight cases as shown in the gang chart.
Having heard the learned counsel appearing for the contesting parties and having perused the records what is prima facie apparent is that in the gang chart, eight cases have been shown against the applicant in which he has been granted bail. As such, prima facie a case for interference is made out. Accordingly, the bail application is allowed.
Let the applicant, Sanjay Kumar @ Pankaj Kumar Yadav, involved in the aforesaid crime number 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 which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(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.
(vii) Since the certified copy of this order, in view of the COVID-2019 pandemic, may not be easily available to the applicant, the applicant may file computer generated copy of this order from the official website of this Court and self- attested by the learned counsel for the applicant, before the concerned Magistrate/Court/Authority/Official.
(viii) The concerned Magistrate/Court/Authority/ Official, before accepting such computerized copy, filed by the applicant, as genuine, shall verify its authenticity from the official website of this Court.
(ix) Office is also directed to send a computerized copy of this order to the District Judge concerned through e-mail or the fax, as the case may be, forthwith.
It is provided that none of the observations made above shall be considered by the trial court and the trial shall proceed on its own merits.
Order Date :- 9.7.2021
Pachhere/-
