Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20780 of 2018 Applicant :- Gabbar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Motorcycle said to have been recovered from the possession of the applicant and on which basis present offence has been levelled, is not related to any offence prescribed under the Schedule of D.A.A. Act. Applicant does not come under the definition of scheduled offender. For the offence under section 3/25 Arms Act, in the same recovery, applicant has been enlarged on bail. Provision of Section 15 of the D.A.A. Act is not attracted in this matter. The applicant is languishing in jail since 29.3.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Gabbar involved in Case Crime No. 263 of 2018 under Section 15 of the Dacoity Affected Area Act, P.S. Kheragarh, District Agra be released on bail on his furnishing a personal bond and two heavy sureties (not less than rupees three lacs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 31.5.2018 ss