Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24963 of 2019 Applicant :- Atul Rathaur Opposite Party :- State Of U.P.
Counsel for Applicant :- Virendra Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
Learned counsel for the applicant has contended that in the gang chart, three cases have been shown against the applicant on the basis of which he has been falsely implicated in the present case. Learned counsel for the applicant has further contended that in the cases shown in the gang chart, the applicant has already been released on bail. Copy of the bail orders have been filed collectively as annexure No.3 to the affidavit. It is next contended that there are no chances of the applicant fleeing away from the judicial process or of tampering with the prosecution evidence. It is further contended that the applicant is in jail since 30.11.2018 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer of bail. However, he does not dispute the fact that applicant has been granted bail in the cases mentioned in the gang-chart.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Atul Rathaur be released on bail in Case Crime No. 171 of 2018, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Meerganj, District Bareilly 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 and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the 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 activity.
(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 :- 24.6.2019 Ram Murti