Veeru Nat v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42353 of 2023 Applicant :- Veeru Nat Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Learned counsel for the applicant has supplementary affidavit today in Court, which is taken on record.

¶2Heard Sri Ashok Kumar Singh, learned counsel for the applicant, learned AGA for the State-opposite party and perused the record.

¶3The instant bail application, under Section 439 Cr.P.C, 1973, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 155 of 2023, under Sections 3 (1) U.P. Gangster Act and Anti Social Activities(Prevention) Act, 1986, Police Station-Gopiganj, District Bhadohi, during the pendency of trial.

¶4Counsel for the applicant submitted that the applicant has been falsely implicated in the instant case. In the gang-chart only two cases have been shown against the applicant. In addition to that another criminal history has been explained in supplementary affidavit, in which the applicant has already been acquitted, which has been mentioned in paragraph 3 of the supplementary affidavit. The applicant is not the member of any gang. It is further stated that there is no other criminal history of the applicant. The applicant is in jail since 27.08.2023. In case, he is enlarged on bail, he will not misuse the said liberty.

¶8Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶9Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶10Let the applicant-Veeru Nat, 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.

¶11In 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 :- 30.10.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad