Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40836 of 2018 Applicant :- Bablu And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Kumar Srivastava,Archana Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Bablu and Rajpal seeking bail in Case Crime No.336 of 2018, under Section 3(1) of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, P.S. Bharthana, District Etawah.
Learned counsel for the applicants has submitted that according to the gang-chart, each of the applicants is shown to be involved in one criminal case and both the applicants have been granted bail in the said case, copy of bail order has been annexed along with the bail application. Prospects of conclusion of trial at an early date is very bleak due to heavy dockets.
He has further submitted that the applicants are in jail since 31.08.2018 and in case, they are released on bail, they 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 applicants and has further submitted that in case, the applicants are released on bail, they 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 applicants have made out a case for bail.
Let the applicants Bablu and Rajpal be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 26.10.2018 cks