Anil Kumar @ Vijay Yadav v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46303 of 2023 Applicant :- Anil Kumar @ Vijay Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

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

¶2Heard Sri Sunil Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶3The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 357 of 2023, under Sections 2/3 of the U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station-Kotwali Nagar, District-Etah, during pendency of the trial.

¶4Counsel for the applicant submitted that the applicant is quite innocent, he has been falsely implicated the present case due to mala-fide intention. The applicant have 18 criminal history, which are mentioned in para 2 of the Supplementary affidavit, in which the applicant has already been released on bail. Copies of the bail orders have been annexed as Annexure No. SA-1 to the supplementary affidavit. The proceedings of the Gangster Act has been launched against the applicant, in which, the applicant is on bail. Except the aforesaid cases there is no other criminal history to the credit of applicant. Learned counsel for the applicant has further contended that the co-accused Sunil Yadav, having similar role, has already been enlarged on bail by the Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 36492 of 2023, vide order dated 28.08.2023. Copy of the bail order provided by the learned counsel for the applicant is taken on record. The applicant claims parity. The applicant has no criminal history, he is in jail since 18.09.2023, in case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having 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.

¶7Let the applicant, Anil Kumar @ Vijay Yadav, involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by 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 :- 22.11.2023 Vinod/Shahroz High Court of Judicature at Allahabad