Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33841 of 2019 Applicant :- Ajay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Raghuraj Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Raghuraj Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case. There are two cases shown in the gang chart against the applicant and in both cases the applicant is on bail, bail orders are collectively filed at Annexure No.3 to the affidavit. There is no material on record against the applicant to invoke the Provision of Gangster and Anti Social Activities (Prevention) Act 1986. There is one criminal history of the applicant in Case Crime No.130 of 2019, under Section 3/25 Arms Act, P.S. Tatiya, District-Kannauj in which he is on bail, bail order has been annexed as Annexure No.4 to the affidavit. Applicant is languishing in custody since 22.07.2019. In case, the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, 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.
Let the applicant-Ajay Kumar be released on bail in Case Crime No.134 of 2017 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S. Auraiya, District- Auraiya on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.8.2019 Rahul.