Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19098 of 2019 Applicant :- Afsar Ali @ Yunus @ Ashraf Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Tarun Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Applicant-Afsar Ali @ Yunus @ Ashraf Ali seeks bail in Case Crime No.303 of 2000 (Gangster case no.39 of 2001), under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Kotwali Jalaun, District- Jalaun.
It is contended by the learned counsel for the applicant that the applicant was enlarged on bail on 23.7.2018 in Criminal Misc. Bail Application No.27248 of 2018, passed by another Single Bench of this Court. It is next contended that the applicant after being enlarged on bail, had to go out of the State in connection with earning his livelihood and as such, he could not appear before the trial court on due dates and therefore, his bail was cancelled and he was taken into custody. He next submitted that in future, the applicant shall not seek any adjournment and will appear before the trial court on each and every due date. The applicant is languishing in jail since 1.4.2019. 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 on the ground that the applicant has criminal history of five cases. 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.
In reply, learned counsel for the applicant submitted that the criminal history of the applicant has been explained by him in paragraph 4 of the affidavit accompanying the bail application.
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 Afsar Ali @ Yunus @ Ashraf Ali 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 Shalini