Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45232 of 2021 Applicant :- Abid Opposite Party :- State Of U.P Counsel for Applicant :- Shad Khan,Mumtaz Ali Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 0995 of 2021, under Sections 2/3 of U.P. Gangster And Anti-Social Activities (Prevention) Act, 1986, P.S. Khurja Nagar, District Bulandshahar, with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It was submitted that there is no cogent material against the applicant to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act and that applicant does not fall within the ambit of Gangster. It was further submitted that in the gang chart, four cases have been shown against the applicant, in which he is already on bail, copies of which has been annexed as Annexure No. 3 to 6 of the bail application. Apart from the case shown in gang chart, criminal history of one more case has been shown against the applicant and in that case also he is on bail. Lastly, it was submitted that the applicant is in judicial custody since 09.09.2021, having no other criminal history and in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submissions of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Abid involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 29.10.2021 A. Tripathi Digitally signed by RAJBEER SINGH Date: 2021.10.30 14:14:40 IST Reason: Document Owner Location: High Court of Judicature at Allahabad