In cases involving serious offenses, bail may be granted if the court is satisfied that the applicant is not likely to flee from justice or tamper with evidence, and that there is no reasonable apprehension of the applicant committing further offenses.

Court No. - 83

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55888

of 2021

Applicant :- Virendra Chauhan

Opposite Party :- State of U.P.

Counsel for Applicant :- Arvind Prabodh Dubey

Counsel for Opposite Party :- G.A.

Hon'ble Ram Krishna Gautam,J.

Heard over bail application moved by applicant, Virendra

Chauhan, in Case Crime No. 261 of 2021, under Section 3(i) of

U.P. Gangster and Anti Social Activities (Prevention) Act, 1986,

Police Station-Jhangaha, District-Gorakhpur.

Learned counsel for the applicant argued that the accused-

applicant is innocent; he has been falsely implicated in this very

case crime number and is languishing in jail since 16.07.2021;

he is of no criminal antecedent and there is no likelihood of

fleeing from course of justice or tempering with evidence in

case of release on bail. In gang chart, he has been shown to be

of three criminal antecedents; he is on bail in all those three

cases; one co-accused has been granted bail in this very case

crime number by the co-ordinate bench of this Court; hence,

bail has been prayed for.

Learned AGA has vehemently opposed, but could not oppose

this fact that in gang chart, there is only three case, wherein, he

is on bail.

Having heard and gone through materials placed on record,

considering all above facts and circumstances, the nature of

accusations, severity of the punishment in the case of

conviction and nature of supporting evidence, reasonable

apprehension of tampering with the witness and prima facie

case, but, without commenting on merits of the case, a case for

bail is made out.

Accordingly, the bail application is allowed.

Let the applicant, Virendra Chauhan, involved in above

mentioned case crime number be released on bail, on his

executing a personal bond and two reliable sureties, each, in the

like amount, to the satisfaction of the court concerned, subject

to the following conditions:

1. The applicant will not tamper with the evidence.

2. The applicant will not indulge in any criminal activity.

3. The applicant will not pressurize/intimidate the prosecution

witnesses and co-operate in the trial.

4. The applicant will appear regularly on each and every date

fixed by the trial court, unless his personal appearance is

exempted through counsel by the court concerned.

5. The party shall file computer generated copy of such order

downloaded from the official website of High Court Allahabad

6. The computer generated copy of such order shall be self

attested by the by the counsel of the party concerned.

7. 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.

In the event of breach of any of the aforesaid conditions, the

court below will be at liberty to proceed to cancel his bail.

Order Date :- 12.1.2022

Dhirendra/

Digitally signed by RAM KRISHNA

GAUTAM

Date: 2022.01.12 16:29:17 IST

Reason: Document Owner

Location: High Court of Judicature at

Allahabad