Radhey Shyam Pasi vs State of U.P.

S.C. Chaurasia, J.—Counter affidavit filed on behalf of State 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, Radhey Shyam Pasi, who is involved in Case Crime No. 338 of 2010, u/s 3(i) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Ram Sanehi Ghat, District Barabanki.

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. 326 of 1998, as detailed and described in the gang-chart, was registered against the applicant earlier, and he has been acquitted in the said case vide judgment and order dated 22.07.2002 passed by learned Additional Sessions Judge/Fast Track Court No. 28, Barabanki, in S.T. No. 90 of 2002 State v. Bablu and Ors. and the copy of judgment has been enclosed as Annexure No. 4. He has further submitted that another criminal case at Crime No. 1115 of 2009, as detailed and described in the gang-chart, was also registered against the applicant and he has been enlarged on bail in the said case and the copy of bail order has been enclosed as Annexure No. 3. 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 13.08.2010.

Sri D.P. Upadhyay, learned A.G.A. has opposed the bail application, but, has not disputed the factum of acquittal and bail as alleged by 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, Radhey Shyam Pasi, who is involved in Case Crime No. 338 of 2010, u/s 3(i) U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Ram Sanehi Ghat, District Barabanki, 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.