Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41082 of 2018 Applicant :- Asif Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Asif seeking bail in Case Crime No. 396 of 2018, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Ecotech-III District Gautam Budh Nagar.
Learned counsel for the applicant has submitted that according to the gang-chart, the applicant is said to be involved in as many as three cases and in all the said three cases, he has already been granted bail, copies of bail orders have been annexed along with the bail application. Learned counsel for the applicant has further submitted that apart from the said case, the applicant has been involved in another case registered vide Case Crime No. 79 of 2015 under Section 398, 401 I.P.C., in which case also, the applicant has been granted bail, copy of bail order has been produced in the Court today which is taken on record. Prospects of conclusion of trial at an early date is very bleak due to heavy dockets.
He has further submitted that the applicant is in jail since 06.09.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant and has further submitted that in case, the applicant is released on bail, he will again indulge in anti-social activities and misuse the privilege of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Asif be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.10.2018 Arun Gangwar