Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17934 of 2019 Applicant :- Avneesh @ Monu Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri , learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this case. There are three cases shown in the gang chart against the applicant and in all three cases the applicant is on bail, the bail orders are filed at Annexure No. 3 to the affidavit. Co-accused of this case Budha Vilash Sahu has already been enlarged on bail by co- ordinate Bench of this Court vide order dated 18.4.2019 in Criminal Misc. Bail Application No.16139 of 2019, copy of which has been produced for perusal. Besides cases mentioned in gang chart, there are six cases against the applicant have also been registered in which he has been granted bail, bail orders have been annexed at Annexure No.4 to the affidavit. Learned counsel for the applicant has further contended that there is nothing on record against the applicant to invoke the provision of U.P. Gangsters Anti Social Activities (Prevention) Act 1986. Applicant is languishing in jail since 22.3.2019. In case, the applicant is released on bail he will not misuse the liberty of bail.
Learned AGA opposed the prayer of bail but could not dispute the argument submitted by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody and gravity of offence, without expressing any opinion 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- Avneesh @ Monu Tiwari be released on bail in Case Crime No.01 of 2019 under Section- 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act 1986, Police Station- Karvi, District- Chitrakoot 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 :- 21.8.2019 Ashutosh Pandey