Pramod And Another vs State Of U.P.
2023 Latest Caselaw 6249 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 75
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6099 of 2023
 

 
Applicant :- Pramod And Another
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Radhey Shyam Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vivek Varma,J.

Heard learned Counsel for the applicants and learned A.G.A. for the State-opposite party.

The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicants on bail in Case Crime No.0584 of 2018, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Nawabganj, District Farrukhabad the during pendency of the trial.

It is contended that in the gang chart one case has been shown against the applicants and in the said case the applicants have been acquitted by the court below vide judgment and order dated 20.1.2023 in Sessions Trial No.207 of 2018. It is further submitted that the applicants are not members of any gang nor are gang leaders and they have been falsely implicated in the present case due to ulterior motives. They are in jail since 11.6.2018 and in case they are enlarged on bail, they will not misuse the said liberty.

Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on bail.

Let the applicants, Pramod and Subodh involved in the aforesaid case be released on bail on their furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:

1. the applicants shall not temper with the prosecution evidence;

2. the applicants shall not pressurize the prosecution witness;

3. the applicants shall appear on each and every date fixed by the trial court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.

Order Date :- 27.2.2023

S.S.