Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32343 of 2019 Applicant :- Azeem And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Sharma 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 applicants contended that applicants are innocent and they have been falsely implicated in this case. There is only one case shown in the gang chart against the applicants and in this case the applicants are on bail, the bail orders are filed at Annexure Nos. 3 and 3A to the affidavit. Learned counsel for the applicants has further contended that there is nothing on record against the applicants to invoke the provision of U.P. Gangsters Anti Social Activities (Prevention) Act 1986. Applicants have no criminal history. Applicants are languishing in jail since15.7.2019. In case, the applicants are released on bail they 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 applicants.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation 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 applicants- Ajeem and Shanu be released on bail in Case Crime No.166 of 2019 under Section- 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, Police Station- Kotwali, District- Mainpuri 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 applicants will not tamper with prosecution evidence.
(ii) The applicants 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 applicants will not indulge in any unlawful activities.
(iv) The applicants 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 applicants to prison.
Order Date :- 22.8.2019 Ashutosh Pandey