Vinod Kumar @ Majhale v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43567 of 2023 Applicant :- Vinod Kumar @ Majhale Opposite Party :- State of U.P. Counsel for Applicant :- Indra Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Supplementary affidavit filed on behalf of the applicant is taken on record.

¶2Heard learned counsel for the applicant, learned AGA for the State and perused the record.

¶3By means of the present bail application, the applicant seeks bail in Case Crime No.17 of 2020, under Section 2/3 of UP Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Mirhachi, District Etah, during the pendency of trial.

¶4It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act has been launched against the applicant on the basis of two cases shown in the gang chart in which he has been enlarged on bail which has been averred in paragraph-7 of the affidavit filed in support of the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. It is further contended that the co-accused, Bablu has already been enlarged on bail co-ordinate Bench of this Court vide order dated 19.10.2023 passed in Criminal Misc. Bail Application No.33980 of 2020. He submits that the case of the applicant is on the better footing to that of the aforesaid co-accuse, therefore, he is also entitled to be enlarged on bail. There is also criminal history of two more cases against the applicant which has been explained in paragraph-4 of the supplementary affidavit. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 26.10.2019. In case the applicant is released on bail, he will not misuse the said liberty.

¶5Learned AGA opposed the prayer for bail but has not disputed the aforesaid submissions of learned counsel for the applicant.

¶6Having regard to the facts, circumstances and the submissions made but without commenting on merits of the case, this Court is of opinion that the applicant is entitled to be enlarged on bail. Accordingly, the bail application is allowed.

¶7Let the applicant - Vinod Kumar @ Majhale, 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;

(iv) shall appear before the concerned SHO to show or establish his bona fide on any day of the first week of every month until further order of the trial court.

¶8In 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 :- 7.11.2023 Shahroz High Court of Judicature at Allahabad