Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11277 of 2018 Applicant :- Danish Opposite Party :- State Of U.P.
Counsel for Applicant :- Ehtesham Akhtar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Ehtesham Akhtar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused- applicant Danish, who is involved in Case Crime No. 983 of 2017, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 Police Station - Tronika City, District - Ghaziabad.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is one case shown against the applicant in the gang chart at Case Crime No. 638 of 2016 under Sections 364, 302, 201 IPC in which he is on bail. Copy of bail order has been annexed at Annexure No. 2 of the affidavit appended to the bail application. The applicant has no other criminal history. He undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 18.01.2018.
It is further contended by learned counsel for the applicant that in the case shown against the applicant in the gang chart, i.e. at Case Crime No. 638 of 2016, there is no allegation against the accused to commit murder and kidnapping.
It is further contended by learned counsel for the applicant that similarly placed co-accused Mauji @ Gufran, whose case is on equal footing to that of the present applicant, has been admitted to bail vide order of this court dated 22.02.2018 passed in Criminal Misc. Bail Application No. - 6867 of 2018 (Mauji @ Gufran v. State of U.P.). Hence, the present applicant is also entitled to be granted bail on the ground of parity.
Per contra, learned A.G.A. has opposed the prayer for bail.
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 - Danish 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 :- 28.3.2018 I. Batabyal