Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33766 of 2019 Applicant :- Guddu Shaikh Opposite Party :- State Of U.P.
Counsel for Applicant :- Matiur Rehman Khan Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Matiur Rehman Khan, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case. There is only one case shown in the gang chart against the applicant and in that case the applicant is on bail by this Court vide order dated 21.02.2019 in Criminal Misc. Bail Application No.7447 of 2019, the bail order is filed at Annexure No. 3 to the affidavit. Applicant is languishing in custody since 26.07.2019. Learned counsel for the applicant further undertakes that if the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any view on on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant - Guddu Shaikh be released on bail in Case Crime No.70 of 2019 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S.Raunapar , District- Azamgarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.8.2019 Rk