Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40493 of 2019 Applicant :- Durgesh Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Shailendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Submission of learned counsel for the applicant is that two cases have been shown in the gang chart against the applicant out of which one case is under section 406, 420, 409, 467, 468, 471, 411 I.P.C. in which he has been granted bail. Another case is under section 3/25 Arms Act which does not cover under the purview of gangster Act and on the basis of those cases the gangster act has been slapped upon the applicant. The applicant is in jail since 29.6.2019.
Learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Durgesh Yadav involved in Case Crime No. 118 of 2019, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Indragarh District Kannauj be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Gss