Shankar and Another v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50440 of 2023 Applicant :- Shankar And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ram Krishna Mishra Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma,J.

¶1Heard learned counsel for the applicant as well as learned A.G.A. for the State of U.P. and perused the record.

¶2The instant bail application has been filed with the prayer to enlarge the applicants on bail in Case Crime No. 270 of 2023, under Section 2/3 of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station-Khurja Dehat, District-Bulandshahar, during the pendency of the trial.

¶3Learned counsel for the applicant submits that according to the gang chart, two cases are shown against the applicants and in the said cases the applicants have been enlarged on bail. The bail orders have been annexed as Annexure No. 2 to the affidavit. It is further contended that the applicants are neither gang leader nor a member of any gang. The applicants are in jail since 19.09.2023, in case, they are released, they will not misuse the liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Considering the rival submissions of learned counsel for parties, material available on record as well as in light of the submission of counsel for the applicants to the effect that while on bail in this case, the applicants would not commit any crime/offence nor would try to tamper the evidence or influence the witnesses in any manner, whatsoever it may be, and without expressing any opinion on the merits of the case, I am of the view that the applicants are entitled to be released on bail. Accordingly, the bail application is allowed.

¶6Let the applicants - Shankar and Doji Bawaria, involved in the aforesaid case, be released on bail on their 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 applicants shall not tamper with the prosecution evidence;

(ii) the applicants shall not pressurize the prosecution witnesses; and,

(iii) the applicants shall appear on each and every date fixed by the trial court.

¶7In 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 :- 12.12.2023 S.Verma High Court of Judicature at Allahabad