Vidyasagar v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49354 of 2023 Applicant :- Vidyasagar Opposite Party :- State of U.P. Counsel for Applicant :- Ranjeet Singh 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 Ranjeet Singh, learned counsel for the applicant, learned A.G.A for the State-opposite party and perused the record..

¶3The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 627 of 2011, under Sections 2/3 of the U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station-Mau, District-Chitrakoot,, 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 three criminal cases. The details of criminal cases has been mentioned in paragraph no. 09 of the affidavit accompanying the bail application. Copies of the bail orders have been annexed as Annexure No. 3. The applicant have some other criminal history, which have been explained in para 10 of the affidavit. In addition to that status of 12 other cases in which nine cases has already been mentioned, rest of three criminal history have been explained in para no. 3 of the supplementary affidavit. The applicant has been been falsely implicated in the present case due to political pressure. He is not the member of any gang. It is further stated that there is no other criminal history of the applicant. The applicant is also an advocate, who is in jail since

13.04.2023. 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 - Vidyasagar, 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.

¶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 :- 5.12.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad