Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14208 of 2019 Applicant :- Dangal Singh @ Dangali Opposite Party :- State Of U.P.
Counsel for Applicant :- Ahmad Ali Siddiqui,Mohammad Abid Ali,Sudarshan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.96 of 2018, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Aliganj, District Bareilly.
Learned counsel for the applicant submits that three cases have been shown in the gang chart against the applicant in which he has been granted bail and on the basis of those cases the gangster act has been slapped upon the applicant. Criminal history of the applicant has been explained in paragraph 3 of the supplementary affidavit. It is further submitted that co-accused Sultan Singh @ Sultana has been already granted bail by co- ordinate Bench of this Court vide order dated 10.04.2019 in Criminal Misc. Bail Application No.14981 of 2019, therefore, the applicant is also entitled for bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant is languishing in jail since 24.01.2019.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact that co- accused has been released on bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Dangal Singh @ Dangali involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Order Date :- 29.5.2019 Jitendra