Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9817 of 2019 Applicant :- Bhoodev Opposite Party :- State of U.P.
Counsel for Applicant :- Kartikey Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Bhoodev with a prayer to release him on bail in Case Crime No.210 of 2018, under Sections 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station G.R.P. Mathura Junction, District- Mathura, during pendency of trial.
The submission is that there is a criminal history of 9 cases. The applicant has been implicated under the provision of 401, 414, 380/411 and 379/411 I.P.C. He is on bail in all the cases shown in the gang chart. The co-accused Jay Lal, who is gang leader has already been enlarged on bail by another co-ordinate Bench of this Court vide order dated 19.10.2019 passed in Criminal Misc. Bail Application No.36021 of 2019, hence on the identical case, the applicant is also entitled to enlarge on bail on parity. The applicant is languishing in jail since 31.05.2018 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but not disputed the aforesaid facts that the applicant is also entitled to enlarge on bail on the ground of parity.
Having considered the facts and circumstances of the case and submissions of the parties and without expressing any opinion on the merits of the case, let the applicant involved in the aforesaid crime be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.11.2019 SFH