Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32465 of 2021 Applicant :- Dinesh Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 97 of 2021, under Sections 2/3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Rampur Maniharan, District Saharanpur, applied for bail.
Learned counsel for the applicant submits in the following manner :-
(i) Applicant is innocent and he has committed no offence.
(ii) Applicant has been falsely implicated in the present case for the purpose of harassment, therefore, false and fabricated prosecution story has been set up by the Police. Gangster has been imposed against the applicant on the basis of only one case i.e. under Section 302 IPC except that no criminal history against the applicant.
(iii) Applicant has been released on bail in the case shown in the gang chart.
(iv) Applicant is in jail since 05.07.2021.
(v) There is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail and he will continue present before the Court till disposal of the trial. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant Dinesh be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 19.8.2021 I.A.Siddiqui