Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21196 of 2019 Applicant :- Bajrul Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi 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.
This bail application has been moved by the accused- applicant, Bajrul, who is involved in Case Crime No.585 of 2018, under Section 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Budaun.
Learned counsel for the applicant has submitted that in the gang chart two cases have been shown against the applicant and in both the cases the applicant is on the bail. Copies of the bail orders have been annexed as Annexures - 3 & 4 to the affidavit. It has also been submitted that the applicant is not involved in any anti-social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure - 2 to the affidavit. Further, in the other cases in which the applicant was being tried apart from the one which has been mentioned in the chart, the applicant has also been granted bail. It is further submitted that there is no chance 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 1.12.2018 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 upon the perusal of the record and also after 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, Bajrul, be released on bail in Case Crime No. 585 of 2018, under Section 2/3 of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Kotwali, District- Budaun 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 :- 25.6.2019 praveen.