Allahabad High Court
Rajeev Kumar Agrawal vs State Of U.P. on 29 June, 2022
Author: Ashwani Kumar Mishra
Bench: Ashwani Kumar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26909 of 2022 Applicant :- Rajeev Kumar Agrawal Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Ashwani Kumar Mishra,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
The present bail application has been filed by the applicant seeking enlargement on bail in Case Crime No. 155 of 2022, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Civil Line, District Aligarh.
Submission is that the applicant is a senior citizen and has been falsely implicated in Case Crime No.543 of 2021 in which he has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.23188 of 2022 vide order dated 08.06.2022. It is urged that on the basis of the aforesaid case alone, the applicant has been implicated in the offence under the Gangster Act. Learned counsel for the applicants submits that neither the applicant is a gangster and nor he is involved in gangster activity and he has no criminal history over the period of 64 years. It is stated that the applicant has undergone a surgery for transplantation of pace maker as his heart is working only 35% and therefore, the applicant is entitled to be enlarged on bail. It is further argued that the applicant is in jail since 29.12.2021; trial is not likely to conclude shortly; and the applicant undertakes that he will not misuse the liberty of bail and will cooperate in the conduct of trial.
Learned A.G.A. opposes the bail application.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Rajeev Kumar Agrawal be released on bail in the aforesaid case crime on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the instant bail application is allowed.
Order Date :- 29.6.2022 Vivek Kr.