Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9472 of 2018 Applicant :- Akshay @ Monty Opposite Party :- State Of U.P.
Counsel for Applicant :- Dharmendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Dharmendra Pratap Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 Cr.P.C. has been moved by the accused-applicant Akshay @ Monty, who is involved in Case Crime No. 1053 of 2017, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986 Police Station - Shamli, District - Shamli.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. No offence, whatsoever, is made out against the applicant, who is innocent. Absolutely vague and bald allegations have been levelled against the applicant, who has been made accused in this case on the basis of gang chart which shows that there are three cases against the applicant in Case Crime Nos. 502 of 2017, 304 of 2017 and 155 of 2017, in all of which he is on bail. Copy of bail orders have been annexed at Annexure Nos. 3, 4 and 5, respectively of the affidavit appended to the bail application. The applicant was not named in Case Crime No. 317 of 2017. The applicant has no other criminal history. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 10.09.2017.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he admitted the fact that there are only three cases against the applicant in 502 of 2017, 304 of 2017 and 155 of 2017 in which he is on bail.
There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Akshay @ Monty be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 27.3.2018 I. Batabyal