Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40170 of 2019 Applicant :- Gautam Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Om Singh Rathaur Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Om Singh Rathaur, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for applicant contended that the applicant is an innocent person and has been falsely implicated in this case; that only one case shown against the applicant in the Gang Chart wherein he has already been granted bail; that there is no public witness of alleged recovery or incident; that applicant is neither member nor leader of any gang. He further submits that the applicant will not misuse the liberty of bail and he is in jail since 13.08.2019.
Per contra, learned A.G.A. has opposed the prayer for bail but does not dispute the aforesaid facts.
Considering the facts and circumstances of the case and without commenting upon the merits of the case, in my opinion, the applicant is entitled to be released on bail.
Let applicant-Gautam Singh involved in Case Crime No.
49 of 2019, CNR No. UPBL01003736-2019, under Section 2/3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Dokati, District Ballia, be released on bail on his executing a personal bond and on furnishing 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 :- 30.9.2019 Vibha Singh