Alok Yadav @ Golu vs State Of U.P.

Vivek Varma, J

Heard Sri M.K.Tripathi, learned counsel for the applicant and Sri Anuj Kumar Pandey, learned AGA for the State-respondent.

This bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.52 of 2022, under Section- 3(1)U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 Police Station-Mahuli, District-Santkabirnagar during the pendency of trial.

It is contended that according to the gang chart, copy of which has been filed as Annexure-2 to the affidavit, only one case is pending against the applicant, in which the applicant has been enlarged on bail, copy of bail order is annexed as Annexure-3 to the affidavit. The applicant is neither leader nor member of any gang and he has been falsely implicated in the instant case. The applicant is in jail since 04.03.2022 and in case he is enlarged on bail, he will not misuse the said liberty.

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

Having 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.

Let the applicant Alok Yadav @ Golu, involved in the aforesaid case be released on bail on his furnishing a personal bond and two local 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.

In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.