Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16293 of 2018 Applicant :- Aashish Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Aashish with a prayer to release him on bail in Case Crime No. 457 of 2017, under Sections 2/3 U.P. Gangsters Act, 1986, Police Station - Bhawanpur, District - Meerut, during pendency of trial.
3. Having heard learned counsel for the parties, it appears, allegations under the Gangsters Act had been made against the applicant on the basis of two cases mentioned in the gang chart. While the applicant was enlarged on bail in Case Crime No. 136 of 2016 under Sections 147, 148, 149, 302, 120B IPC vide order dated 03.01.2017 passed in Criminal Misc. Bail Application No. 39470 of 2016, during pendency of the present application, the applicant has also been enlarged on bail in other case being Case Crime No. 324 of 2017, under Sections 364-A, 302, 120-B and 404/34 IPC, vide order dated 06.12.2019 passed in Criminal Misc. Bail Application No. 16414 of 2018.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 AHA