Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32170 of 2019 Applicant :- Ashish Bhartiya Opposite Party :- State Of U.P.
Counsel for Applicant :- Salil Krishna,Babu Ram Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Salil Krishna, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case. There are two cases shown in the gang chart against the applicant and in both cases the applicant is on bail, bail orders are filed at Annexure Nos.3 and 4 to the affidavit. Besides cases mentioned in gang chart, two cases are also mentioned in criminal history against the applicant, explanation of those cases has been given in paragraph no.13 to the affidavit in those cases applicant is on bail, bail orders have been annexed as Annexure Nos. 5 and 6 to the affidavit. There is no material on record against the applicant to invoke the Provision of Gangster and Anti Social Activities (Prevention) Act 1986. Applicant is languishing in custody since 18.07.2019. In case, the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant-Ashish Bhartiya be released on bail in Case Crime No.311 of 2019 under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S. Dhumanganj, District-Prayagraj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.8.2019 Rahul.