Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10055 of 2018 Applicant :- Bismillah Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 99 of 2017, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Dumariyaganj, District Siddharth Nagar.
Learned counsel for the applicant contended that as per the gang chart, there are three cases shown against the applicant and in all of them he has already been enlarged on bail and the bail granted by the court below vide order dated 05.09.2017 in Case Crime No. 919 of 2014, order dated 05.09.2017 in Case Crime No. 196 of 2015, and order dated 19.01.2018 in Case Crime No. 99 of 2017 have been brought on record along with the affidavit filed in support of bail application. By means of supplementary affidavit, the applicant has further explained away all the cases registered against him and brought on record the order dated 27.03.2018 passed in Criminal Misc. Bail Application No. 10064 of 2018 granting the bail to the applicant in Case Crime No. 270 of 2016 by a co-ordinate Bench of this Court. It is further contended that the applicant is languishing in jail since 18.07.2017.
On contrary, learned AGA opposed the prayer for bail but could not controvert the fact of bail orders which have been brought on record regarding three criminal cases.
Considering the facts and circumstances of the case and the argument advanced by learned counsel for the applicant but at the same time without going into the merits of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Bismillah involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned, subject to the condition that he shall report before the court concerned in the first week of every month besides such other appearance as fixed by the court and shall not avoid the same, failing which, the State will be at liberty to move for cancellation of bail.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted..
Order Date :- 29.3.2018 IrfanUddin