Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33788 of 2019 Applicant :- Asif Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Arvind Kumar, 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 five cases shown in the gang chart against the applicant and in those cases the applicant is on bail, in three cases by the court concerned vide order dated 19.4.2019, 23.3.2018 and 24.7.2019 and in one case by this Court vide order date 17.5.2019 passed in Criminal Misc. Bail Application No. 20715 0f of 2019, photo copy of the bail orders are filed at Annexure No. 3 to 5 to the affidavit. It is next contended that one case which is under section 3/25 Arms Act, is out of the purview and definition of the Gangster Act and in this case applicant has been granted bail by the court concerned as it has been explained in para five of the affidavit filed in support of the bail application. It is next contended that there is no sufficient ground to invoke the provision of U.P. Gangsters and Anti Social Activities (Prevention) Act. Applicant is languishing in custody since 18.7.2019. Learned counsel for the applicant further undertakes that if 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 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- Asif be released on bail in Case Crime No.299/2019 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S.Kutub Sher, District- Saharanpur 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 Rk