Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3999 of 2019 Applicant :- Abbas Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Abbas in Case Crime No. 1521 of 2018, under Sections 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station- Deoband, District- Saharanpur with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case only on the basis of his alleged involvement in four criminal cases, the applicant has been challaned under the U.P. Gangsters Act. In all aforesaid cases he has been allowed bail; copy whereof has been annexed to the affidavit filed in support of bail application. It is next submitted that some of the offences shown in the gang-chart are not to be reckoned for the purposes of gangster act. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 18.12.2018, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Abbas be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.1.2019 Vikas