Akash Yadav v. State of U.P Thru. Prin. Secy. Home Lko

Court No. - 14 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13253 of 2023 Applicant :- Akash Yadav Opposite Party :- State Of U.P Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Satyendra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.

¶1Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

¶2Learned A.G.A. informs that he has procured complete instructions in the matter including up-to-date case diary.

¶3Heard learned counsel for the accused-applicant as well as learned A.G.A. for the State and perused the record.

¶4This bail application has been moved on behalf of the applicant/Akash Yadav for grant of bail, in Case Crime No. 286 of 2023, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 Police Station Indira Nagar, District Lucknow, during pendency of trial.

¶5Learned counsel for accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in the instant case as well as in the three criminal cases mentioned in the gang chart. However, in all these three criminal cases mentioned in the gang chart, he has been released on bail by competent criminal courts and copies of the bail orders with regard to these three criminal cases have been placed on record at Page No. 26 and 28 to the bail application as well as with supplementary affidavit filed today.

¶6It is further submitted that apart from the above mentioned three criminal cases, one more case is alleged as the criminal history of the applicant, however, in that case charge sheet has not been filed against the applicant. Applicant is in jail in this matter since 06.09.2023 and there is no apprehension that, if the facility of bail is granted to the applicant, he may flee from the course of law or will not appear before the court below, as also the evidence/material available on record is not strong enough to raise a presumption that the applicant is guilty of the offences mentioned in the gang chart. Identically placed co-accused person, namely, Chandra Prakash Yadav @ Bauua has already been granted bail by this Court, vide order dated 16.10.2023 passed in Criminal Misc. Bail Application No. 12271 of 2023.

¶7Learned A.G.A. opposes the prayer for bail, but could not confront the factual submissions made by the learned counsel for the accused-applicant.

¶8Having heard learned counsel for the parties and having perused the record, it is transpired from the record that applicant is involved in three criminal cases mentioned in the gang chart. However, in these three cases the applicant has been released on bail by competent criminal Courts. Apart from the above-mentioned three criminal cases, applicant is also shown involved in one other case, however, in that case charge sheet has not been filed against him. Apart from the above-mentioned criminal cases applicant is not involved in any other criminal case. Identically placed co-accused person, namely, Chandra Prakash Yadav @ Bauua has also been granted bail by this Court. Applicant is in jail in this matter since 06.09.2023 and the presence of the applicant may be secured before the trial court by placing adequate conditions.

¶9Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is thus allowed.

¶10Let the applicant/Akash Yadav involved in above-mentioned case, be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-

(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.

¶11In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶12Identity, status and residence proof of the applicant and sureties be verified by the Court concerned before the bonds are accepted.

¶13Observations made herein-above by this court are only for the purpose of disposal of this bail application and shall not be construed as an expression on the merits of the case. Order Date :- 17.11.2023/Praveen High Court of Judicature at Allahabad, Lucknow Bench