Allahabad High Court
Govinda And Another vs State Of U.P. on 8 October, 2020
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 90 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32087 of 2020 Applicant :- Govinda And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Kumar Vashistha Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
Heard learned counsel for the applicants and learned A.G.A.
The instant bail application has been filed on behalf of the applicants Govinda & Gulshan Kumar, with a prayer to release them in Case Crime No.83 of 2020, under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Etah, during pendency of the trial.
It is submitted by the learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. According to the gang chart, three cases i.e. Case Crime Nos.1352 of 2019, 886 of 2018 & 1462 of 2018 have been shown against the applicant No.1 Govinda in which he has already been enlarged on bail vide orders dated 06.05.2020, 27.08.2018 & 24.01.2019 (Annexure-3 to the bail application) and one case has been shown against the applicant no.2 Gulshan Kumar in which he has already been enlarged on bail by this Court in Criminal Misc.Bail Application No.17932 of 2020 vide order dated 6.7.2020 (Annexure 4 to the bail application). It is further submitted that except the cases shown in the gang chart no other case is pending against the applicants. Only to harass them, provisions of Gangesters Act has been imposed. The applicants are not a member of any gang. The applicants are languishing in jail since 01.11.2019. In case, the applicants are released on bail, they will not misuse the liberty of bail, if granted and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicants.
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 and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants, Govinda & Gulshan Kumar, who are involved in Case Crime No.83 of 2020, under section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kotwali, District Etah, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicants shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 8.10.2020/SKD