Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41584 of 2021 Applicant :- Faizan Opposite Party :- State of U.P. Counsel for Applicant :- R.P. Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been filed by the applicant Faizan seeking bail in Case Crime No. 351of 2021, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention), Act, Police Station Khair, District Aligarh, during pendency of trial.
Submission of learned counsel for the applicant is that only three cases have been shown in the gang chart against the applicant, wherein Case Crime No. 140 of 2016, under Section 3/5-A/8 Cow Slaughter Act and Case Crime No. 142 of 2016 under Section 18/22 N.D.P.S. Act, the applicant has been granted bail. With regard to Case Crime No. 60 of 2020, under Sections 147, 323, 452, 506, 325 IPC mentioned in the gang chart applicant was not implicated. Neither the applicant named in the FIR, nor charge sheet has been submitted against him. In the aforesaid crime, copy of FIR and charge sheet has been filed along with affidavit which is at page 33 to 45 of the paper-book. He further submitted that the applicant is innocent and he has not committed the alleged offence. Applicant is neither member of any gang nor he threatened any person nor has created a condition of insecurity in the society. There is no criminal antecedent of the applicant except the three cases mentioned in the gang chart. He next submitted that the applicant is languishing in jail since 10.08.2021.
Per contra, learned A.G.A. opposed the prayer for bail.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, complicity of accused, nature and severity of punishment, in case of conviction and all other attending circumstances were duly considered.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
The bail application is accordingly allowed.
Let the applicant Faizan be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount 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.
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 :- 22.12.2021 v.k.updh.