Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11103 of 2018 Applicant :- Anees Opposite Party :- State Of U.P. Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 679 of 2017 under Section 3(1) U.P. Gangsters & Prevention of Anti Social Activities (Prevention) Act, 1986 P.S. Sambhal, District Chandausi.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; two cases are shown against him in the gang-chart i.e. Case Crime No. 173 of 2017 under Sections 3/5 ka/8 C.S. Act and Section 11 of Prevention of Cruelty to Animals Act, P.S. Behjoi, District Sambhal; Crime No. 172 of 2017 under Section 307 I.P.C. P.S. Behjoi, District Sambhal and in both these cases, he has been granted bail; it is on the basis of these criminal cases that the present Case Crime No. has been slapped against him; the accused applicant is in jail since 30 . 09.2017; if the accused applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Anees involved in aforesaid 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.3.2018 A. Mandhani