Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42950 of 2021 Applicant :- Anwar Nat And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Neta Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No.140 of 2021, under Section of 2/3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at Police Station Gadwar, District Ballia, with the prayer to enlarge the applicants on bail.
It has been argued by learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It was submitted that there is no cogent material against the applicants to invoke the provisions of U.P. Gangster and Anti Social Activities (Prevention) Act and that applicants do not fall within the ambit of Gangster. It was further submitted that in the gang chart, one case has been shown against the applicants, in which they are already on bail, copy of which has been annexed as annexure no.2 to the bail application. It was also submitted that co-accused Muhammad Ali @ Godhan Nat has already been enlarged on bail by coordinate Bench of this Court, copy of which has been produced and the same is taken on record. Besides the case of gang chart, criminal history of others cases has been shown against the applicants, which has duly been explained in affidavit. It was further stated that in case, applicants are released on bail, they will not misuse the liberty of bail and will co-operate in the trial and they are languishing in jail since 03.09.2021.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submissions of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicants Anwar Nat and Langar Nat @ Munna involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants will not try to contact, threat or otherwise influence any of the witness of the case.
In case of breach of any of the above condition, the court below shall be at liberty to cancel the bail of applicants in accordance with law.
Order Date :- 27.10.2021 Neeraj