Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22998 of 2019 Applicant :- Aakash Opposite Party :- State Of U.P.
Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Supplementary affidavit filed today on behalf of the applicant is taken on record.
Heard learned counsel for the applicant, Mrs. Manju Thakur, learned AGA-I for the State and perused the material placed on record.
Applicant- Aakash seeks bail in Case Crime No. 717 of 2018, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Uttar, District- Firozabad.
It is argued by the learned counsel for the applicant that although in the gang chart accompanying the F.I.R. only two cases have been shown against the applicant but apart from the cases mentioned in the gang chart, the applicant is also involved in three other cases namely, Case Crime No. 329 of 2018, under Section 307 I.P.C., Case Crime No. 508 of 2017, under Sections 279, 332, 333, 353, 504, 506, 307 I.P.C. and Case Crime No.
472 of 2018, under Sections 398, 401 I.P.C. He next submitted that the applicant has been granted bail in all the five cases and the copies of the bail orders have been appended collectively as Annexure 3 to the bail application, Annexures SA-1 and SA-2 to the supplementary affidavit, filed in the court today. He next submitted that the applicant has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 26.05.2018. In case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits, let the applicant, Aakash involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 V.S.Singh