Jeetu v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48707 of 2023 Applicant :- Jeetu Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Vishnu Kumar Patil, Advocate, holding brief of Sri Sanjay Srivastava, learned counsel for the applicant, Sri R.P. Patel, learned A.G.A. for the State and perused the material placed on record.

¶3By means of the present bail application, the applicant seeks bail in Case Crime No.49 of 2023, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Talagram, District-Kannauj, during the pendency of trial.

¶4It is argued by the learned counsel for the applicant that the prosecution under the Gangsters Act have been launched against the applicant on the basis of one criminal case shown in the gang chart in which he has already been enlarged on bail by the court concerned. The details of criminal case have been mentioned in paragraph-5 to the affidavit accompanying the bail application. He has been falsely implicated in the present case due to police rivalry. He is not the member of any gang. Learned counsel has further stated that the criminal history of one case assigned to the applicant stands explained in paragraph-7 of the affidavit. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶5On the other hand, learned AGA opposed the prayer for bail. Learned A.G.A. submits that in Case Crime No. 131/2023, under Section 3 of U.P. Goondas Act a case has been lodged against the applicant.

¶6In rebuttal, learned counsel for the applicant has stated that the said case has been rendered infructuous as the period of extermination has already expired and he is in jail since

26.10.2023.

¶7Without expressing any opinion on the merits, the bail application is allowed. Let the applicant-Jeetu, involved in aforementioned case 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 with the following conditions that :- i. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. ii. The applicant shall cooperate in the trial sincerely without seeking any adjournment. iii. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 16.11.2023 Kumar Manish. [Krishan Pahal,J.] High Court of Judicature at Allahabad