Neeraj Maurya vs State of Uttar Pradesh

Shri Suresh claiming himself to be a close relative of applicant (son of real brother) is present in the court and has requested that as learned Members of the Bar are not appearing in the courts in pursuance of the Resolution of the Awadh Bar Association, he be given an opportunity to make submissions in support of the prayer of bail of the applicant.

Perusal of the record in the light of the request of 'Pairokar' of the applicant namely Shri Suresh, would reveal that Shri Suresh has also filed his affidavit in support of the bail application of the applicant- Neeraj Maurya.

In view of above, Shri Suresh is permitted to make submissions with regard to the prayer of bail of the applicant.

Learned A.G.A. informs that he has procured complete instructions in the matter including the case diary and the charge-sheet has also been submitted in this case.

Heard Shri Suresh (Close relative and 'Pairokar' of the applicant- Neeraj Maurya) as well as learned A.G.A. for the State and perused the record.

This bail application has been moved on behalf of the applicant/Neeraj Maurya for grant of bail, in Case Crime No. 01 of 2021, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Hasanganj, District Unnao, during pendency of trial.

Shri Suresh (Close relative and 'Pairokar' of the applicant) while pressing the bail application submits that the applicant has been falsely implicated in the instant case as well as in the single case mentioned in the gang chart. However, in the single case mentioned in the gang chart, the applicant has been released on bail by a co-ordinate Bench of this court, vide order dated 08.02.2021 passed in Bail No. 10376 of 2020 and apart from the above mentioned single criminal case, he is not involved in any other criminal case.

It is also submitted that applicant is in jail in this matter since 20.09.2020 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.

Learned A.G.A. opposes the prayer for bail, but could not confront the fact that the applicant has been released on bail in the single case mentioned in the gang chart, on the basis of which, the Gangster Act has been invoked.

Having regard to the overall facts and circumstances of the case, I find substance in the submissions of the 'Pairokar' of the applicant for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.

Let the applicant/Neeraj Maurya involved in the aforesaid 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.

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

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