Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22983 of 2019 Applicant :- Bhanu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidit Narayan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Applicants-Bhanu and Navneet seek bail in Case Crime No. 13 of 2019, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Ecotech-Ist, District-Gautam Budh Nagar.
Heard learned counsel for the applicants as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicants that according to the gang chart the applicants are said to have been involved in three criminal cases in which they have already been enlarged on bail by the court concerned. Copies of the bail orders have been filed as Annexure 3 to the affidavit accompanying the bail application. They have falsely been implicated in the present case due to police rivalry. They are is not member of any gang. It has been further submitted that there is nothing on record to show that applicants have gained any undue temporal pecuniary material for themselves or any other person by Gangster and Anti Social Activities acts. It is also submitted that there is no report of District Magistrate/Special Court on record regarding acquisition of any movable or immovable property by the applicants. It was next submitted that the provisions of the Act has been used against the applicants like a weapon to harass and intimidate the innocent applicants. There are no chances of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants are languishing in jail since 9.9.2018. If they are enlarged on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the applicants are member of gang and habitual of committing crime. In case the applicants are released on bail they will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, 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.
Without expressing any opinion on the merits, let the applicants Bhanu and Navneet involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 Shalini