Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40786 of 2018 Applicant :- Dhirendra Singh @ Raja Mishra Opposite Party :- State Of U.P.
Counsel for Applicant :- Vindhyachal Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and learned A.G.A. for the state and perused the record.
The applicant, Dhirendra Singh @ Raja Mishra seeks bail in case crime no. 853 of 2018, under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act. P.S. Bhognipur, District Kanpur Dehat.
It is argued by learned counsel for the applicant that according to the gang-chart, the applicant is said to be involved in as many as two cases and in all the said cases, he has already been granted bail, copies of bail orders have been annexed alongwith the bail application. Apart from this, the applicant is also shown to be involved in case crime no. 1381 of 2017, under section 457,380,411 I.P.C. P.S. Bhognipur, District Kanpur Dehat in which he has also been granted bail. Copy of the bail order has been produced before the Court today which is taken on record. Prospects of conclusion of trial at an early date is very bleak due to heavy dockets. It is further submitted that applicant is languishing in jail since 14.1.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by learned counsel for the applicant and has submitted that in case he is released on bail, he will again indulge in ante-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, Dhirendra Singh @ Raja Mishra 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 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 :- 26.10.2018 R