Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49950 of 2021 Applicant :- Chanda Bibi And Another Opposite Party :- State of U.P. Counsel for Applicant :- Nabi Ullah Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicants seeking enlargement on bail during trial in connection with Case Crime No. 664 of 2021 under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 registered at P.S.- Lanka, District- Varanasi.
Submission of learned counsel for the applicants is that they have been falsely implicated in this case. Only one case is shown against them in the gang-chart and in that case, they have been granted bail. Further submitted that the applicants are languishing in jail since 13.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicants.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants Chanda Bibi and Mohd. Sabir involved in the aforesaid case crime, be released on bail on their furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, they shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 A. Mandhani