Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40178 of 2019 Applicant :- Ashu Birla Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Rajesh Kumar, learned counsel for the applicant, the learned A.G.A. for State and perused the record.
Learned counsel for applicant contended that applicant is an innocent person and has been falsely implicated in this case; that two cases shown against the applicant in the Gang Chart and in both the cases he is on bail; that applicant is neither member nor leader of any gang. He further submits that applicant will not misuse the liberty of bail and he is in jail since 03.09.2019.
Per contra, learned A.G.A. has opposed the prayer for bail but does not dispute the aforesaid facts.
Considering the facts and circumstances of the case and without commenting upon the merits of the case, in my opinion, the applicant is entitled to be released on bail.
Let applicant-Ashu Birla involved in Case Crime No. 198 of 2019, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Hari Parvat, District Agra, be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.9.2019 Vibha Singh