Brijesh Kumar Jaisawal v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44245 of 2023 Applicant :- Brijesh Kumar Jaisawal Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The present application under Section 439 Cr.P.C. has been filed seeking bail in Case Crime No.24 of 2021, under Sections 3(1) of the U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station Alinagar, District Chandauli.

¶3Learned counsel for the accused-applicant submits that according to the gang-chart (Annexure No.2), only one case has been shown against the accused-applicant, in which he has been enlarged on bail. Copy of the bail order annexed (Annexure No.3) with the affidavit filed in support of the bail application. He further submits that the co-accused Deepak Kumar Singh has already been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 07.04.2021 passed in Criminal Misc. Bail Application No.16189 of 2021. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 25.09.2023, therefore, the accused-applicant may be enlarged on bail.

¶4Learned AGA has vehemently opposed the bail application but he could not dispute the submission made above.

¶5Considering the facts, circumstances and the submissions made above, this Court is of the view that the applicant has made out a fit case for grant of bail. Accordingly, the bail application is allowed.

¶6Let the applicant - Brijesh Kumar Jaisawal, involved in the aforesaid case crime 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 subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 28.10.2023 Zafar High Court of Judicature at Allahabad