Prem Jaiswal @ Premi Jaiswal vs State of U.P.

S.C. Chaurasia, J.—Rejoinder Affidavit filed on behalf of the applicant is taken on record.

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

This bail application has been moved on behalf of the applicant-accused,Prem Jaiswal @ Premi Jaiswal, who is involved in Case Crime No. 319/2008, u/s 2/3 U.P. Gangsters and Anti-Social Activities (Prevention)Act, P.S.-Ashiana,District-Lucknow.

Learned Counsel for the applicant has drawn my attention towards the gang-chart, Annexure No. 2, and has submitted that a criminal case at crime No. 219/2008, as detailed and described in the gang-chart, was registered against the applicant earlier, and he has been convicted and sentenced in the said case, and the copy of judgment has been enclosed as Annexure No. R.A.-1 to the Rejoinder Affidavit. He has further submitted that besides it, six other criminal cases, as detailed and described in the gang-chart, were registered against the applicant earlier, and in case crime No. 199/2008, after completion of investigation, no chargesheet has been filed against the applicant, and in other five cases, the applicant has been enlarged on bail. He has further submitted that on the basis of said cases, the applicant has been falsely implicated in the instant case, and he is in jail since 11-08-2008.

Sri M.Y. Ansari, learned A.G.A., has opposed the bail application, but, has not disputed the factum of conviction and bail as alleged by the applicant. He has also admitted that in case crime No. 199/2008, no chargesheet has been filed against the applicant.

Having considered the nature & gravity of accusation, complicity of the accused, nature of supporting evidence,severity of punishment in case of conviction and submissions made on behalf of the applicant as well as learned A.G.A., I am of the view that it is a fit case for bail.

Let the applicant-accused,Prem Jaiswal @ Premi Jaiswal, who is involved in Case Crime No. 319/2008, u/s 2/3 U.P. Gangsters and Anti-Social Activities (Prevention)Act, P.S.-Ashiana,District-Lucknow, be enlarged on bail on his furnishing a personal bond and two sureties each, in the like amount to the satisfaction of the court concerned and also subject to the following conditions that:

The applicant will continue to attend the court concerned on the dates fixed.

The applicant will not tamper with the prosecution witnesses.

The applicant will not indulge in any illegal activities during the period of bail.

In case of breach of any of the above conditions, the trial court would be at liberty to cancel the bail of the applicant.