Sunil Vishvwakarma @ Dara v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45847 of 2023 Applicant :- Sunil Vishvwakarma @ Dara Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Rpasad Kushwaha,Nikhil Shukla Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard learned counsel for the applicant, learned AGA and perused the record.

¶2The applicant seeks bail in Case Crime No.75 of 2023 under section 3(1) U.P. Gangsters and Antisocial Activities (Prevention) Act, 1986, P.S. Suriyawan, District Bhadohi.

¶3Learned counsel for the applicant has submitted that two cases have been shown in the Gang Chart and in both the cases, the applicant has been granted bail. Other than that, the applicant has also been acquitted in another case and the same has also been explained in the supplementary affidavit filed by the learned counsel for the petitioner. The applicant is in jail since 19.01.2023. It has also been submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶4Learned AGA has opposed the prayer for bail but not contradicted the aforesaid fact.

¶5Considering the fact that the applicant has been granted bail in all the cases shown against him, the applicant is entitled for the bail. Thus, the bail application is allowed.

¶6Let the applicant Sunil Vishvwakarma @ Dara be released on bail in aforesaid first information report number on his furnishing a personal bond and two reliable sureties of Rs.25000/- each with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 31.10.2023 Sachin High Court of Judicature at Allahabad