Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40781 of 2018 Applicant :- Dhannu Kurmi @ Praveen Patel Opposite Party :- State Of U.P.
Counsel for Applicant :- Satya Priya Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Dhannu Kurmi @ Praveen Patel seeking bail in Case Crime No. 204 of 2010, under Section 2/3 (1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Bansdih District Ballia.
Learned counsel for the applicant has submitted that the applicant was granted bail in the present case on 05.08.2010 and pursuant to the said bail order, the applicant was released on bail and thereafter the applicant attended the proceedings of the Court till the year 2015 thereafter the applicant left for earning his livelihood and as such, he could not appear before the Court and non-bailable warrant and proclamation under Section 82/83 Cr.P.C. was issued against him pursuant to which the applicant was arrested and sent to jail.
Learned counsel for the applicant has further submitted that the applicant is in jail since 30.07.2018 and undertakes to cooperate in the trial by all means as such, he may be released on bail.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicant is in jail since 30.07.2018 and has further submitted that in case, the applicant is released on bail, he will again indulge in anti-social activities and misuse the privilege of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Dhannu Kurmi @ Praveen Patel be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on each and every date fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 26.10.2018 Arun Gangwar