Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25069 of 2019 Applicant :- Dharmendra And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants seeking bail in Case Crime No. 406 of 2019, under Section 2/3 of U.P. Gangster and Ante-Social Activities (Prevention) Act, 1986, Police Station Gangoh, District Saharanpur.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the present case. He further submitted that three cases were shown against the applicant no.1 and two cases were shown against the applicant no.2 in the gang chart, in those cases, the applicants have already been enlarged on bail. He further submitted that applicant no.1 is in jail since 17.5.2019 and applicant no.2 is in jail since 13.5.2019 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicants.
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 applicants has made out a case for bail.
Accordingly, the bail application stands allowed.
Let the applicants Dharmendra and Monu be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates 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 :- 21.6.2019 Mini