Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33022 of 2019 Applicant :- Dilshad @ Dilla Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Nand Pandey,Sunita Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant has already been released on bail on 22.10.2009. He further submits that he was appearing regularly before the court concerned till 1.1.2017 but due to viral disease he could not appear on the date fixed before the court and thereafter he was sent to Ghaziabad Jail. Due to these reasons he could not appear before the trial court and non bailable warrant was issued against the applicant. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 14.7.2017.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Dilshad @ Dilla involved in Case Crime No. 359 of 2009, under Sections 2/3 of the U.P. Gangster Act & Anti Social Activities (Prevention) Act, 1986 P.S. Chaprauli, District Baghpat be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2019 A. Pt. Singh