Kaka Kumar v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48967 of 2023 Applicant :- Kaka Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri Vijay Singh, Advocate holding brief of Sri Shyam Shanker Pandey, 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.522 of 2023, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Deoband, District-Saharanpur, 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 detail of criminal case has been mentioned in paragraph 8 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. It is further stated that there is no criminal history of the applicant. The applicant is languishing in jail since 03.10.2023. In case, the applicant is released on bail, he will not misuse the liberty of bail.

¶5On the other hand, learned A.G.A. opposed the prayer for bail.

¶6Without expressing any opinion on the merits, the bail application is allowed. Let the applicant-Kaka Kumar, 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.

¶7In 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 :- 24.11.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad