Bharat Verma v. State of U.P. Thru. Prin. Secy. Home Lko

Court No. - 5 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7034 of 2024 Applicant :- Bharat Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- P.K. Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.

¶1Heard Sri P.K. Mishra, learned counsel for the applicant and Sri Sushil Kumar Pandey, learned A.G.A. for the State and perused the record.

¶2Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No.96 of 2024, under Sections-3(1) of U.P. Gangster Act & Anti Social Activities (Prevention) Act, 1986, Police Station-Raje Sultanpur, District-Ambedkar Nagar.

¶3Contention of learned counsel for the applicant is that in the gang chart only one base case has been shown against the applicant i.e. case crime no.51 of 2023 at police station-Raje Sultanpur, district-Ambedkar Nagar in which applicant had already been enlarged on bail vide order dated 03.06.2024, which has been annexed at page no.25 of the paper book.

¶4Learned A.G.A. could not dispute the aforesaid fact.

¶5Thus, considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, I am of the opinion that the applicant has already been enlarged on bail in the base case, the applicant is also entitled to be release on bail in the present case.

¶6Let the applicant-Bharat Verma involved in the aforementioned 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, with the 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.

¶7In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶8Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. Order Date :- 27.6.2024 *S.Chaurasia* High Court of Judicature at Allahabad, Lucknow Bench