Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11350 of 2018 Applicant :- Anish Kumar Pasi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Ajeet Kumar Singh, learned counsel for the applicant, learned A.G.A. Perused the record.
This bail application has been moved by the applicant Anish Kumar Pasi who is involved in Case Crime No. 2225 of 2017, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station-Kotwali, District-Ballia.
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. There is single case against the applicant at Case Crime No. 792 of 2017 under Sections 376D IPC, Section 3 (2) (5) SC/ST Act and Section 3/4 POCSO Act, shown in the gang chart, in which applicant has been acquitted by the lower court vide order dated 19.3.2018. Copy of acquittal order has been annexed at Annexure No. SA-1 of the supplementary affidavit. 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. Applicant is in jail since 1.5.2017.
Lastly, learned counsel for the applicant contended that the case crime no. 762 of 2017 mentioned in the FIR is wrongly shown and the correct case crime number is 792 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-Anish Kumar Pasi 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 Jaswant