Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11234 of 2018 Applicant :- Ameer Alam Alias Ameer Azam Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Supplementary affidavit has been filed by Sri Shyam Shanker Pandey, learned counsel for the applicant in the court today, the same is taken on record.
Heard Sri Shyam Shanker Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused- applicant Ameer Alam @ Ameer Azam, who is involved in Case Crime No. 38 of 2018, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station - Khurja Dehat, District - Buland Shahar.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is one case shown in the gang chart at Case Crime No. 398 of 2017, in which he is on bail. In addition to this, the applicant is shown to have been involved in one more case at Case Crime No. 294 of 2017 under Sections 411, 414, 328 IPC, Police Station - Balaini, District - Bagpat, (as averred in paragraph no. 7 of the affidavit) which is not shown in the gang chart. Copy of bail orders have been annexed at Annexure Nos. 2 and 1, respectively of the supplementary affidavit filed by learned counsel for the applicant. The applicant has no other criminal history. He undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 01.02.2018.
Learned counsel for the applicant further contended that applicant was not named in Case Crime No. 398 of 2017 Per contra, learned A.G.A. has opposed the prayer for 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 - Ameer Alam @ Ameer Azam 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 :- 28.3.2018 I. Batabyal