Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10088 of 2018 Applicant :- Brijesh Kumar Harijan Opposite Party :- State Of U.P.
Counsel for Applicant :- Hari Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Hari Prakash Singh, learned counsel for the applicant, learned A.G.A. Perused the record.
This bail application has been moved by the applicant Brijesh Kumar Harijan who is involved in Case Crime No. 1116 of 2017, under Section 3 (1) U.P. Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station-Badlapur, District-Jaunpur.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. No offence, whatsoever, is made out against the applicant, who is innocent. Absolutely vague and bald allegations have been levelled against the applicant. There are three cases against the applicant at Case Crime No. 368 of 2017 under Sections 457, 380, 411 IPC, Case Crime No. 806 of 2017 under Section 457, 380, 411 IPC and Case Crime No. 895 of 2017 under Section 457, 380, 144 IPC shown in the gang chart, on which he is on bail. Copy of bail orders have been annexed at Annexure No. 3 of the affidavit appended to the bail application. Learned counsel for the applicant further contended that applicant was not named in the said three cases. The applicant has no other criminal history. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. Applicant is languishing in jail since 19.8.2017.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he admitted the fact that there is criminal history of three cases against the applicant at Case Crime Nos. 368 of 2017, 806 of 2017 and 895 of 2017.
There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant-Brijesh Kumar Harijan be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 27.3.2018 Jaswant