Om Prakash Nishad vs State Of U.P.

Mayank Kumar Jain, J

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The present bail application has been filed on behalf of applicant in Case Crime No. 182 of 2022, under Sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Mishrauliya, District Siddharth Nagar with the prayer to enlarge the applicant on bail.

It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. It is submitted that there is no material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act. It is further submitted that in gang chart, one case has been shown against applicant, in which, he is already on bail, copy of which has been annexed as annexure-3 to the affidavit. Apart from these one case, four cases have been shown in the supplementary affidavit, in which applicant is on bail. It is further submitted that applicant is languishing in jail since 30.09.2022 and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail but he could not dispute the aforesaid aspect of the matter.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.

The bail application is allowed.

Let the applicant Om Prakash Nishad in the aforesaid crime be released on bail on furnishing a personal bond and two sureties to the satisfaction of court concerned subject to the following conditions:

(1). The applicant will not tamper with the prosecution evidence during the trial.

(2). The applicant will not influence any witness.

(3). The applicant will appear before the trial Court on the date fixed, unless personal presence is exempted.

(4). The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.