Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17840 of 2019 Applicant :- Harish Chandra Alias Hari Yadav Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant was initially granted bail by this Court vide order dated 12.8.2014 in Criminal Misc. Bail Application No. 22572 of 2014. Learned counsel for the applicant further contended that in the mean time, externment order has been passed against the applicant and pursuant thereto he left the district and could not appear before the court concerned on the date fixed and non-bailable warrant was issued and applicant has been taken into custody. The applicant is languishing in jail since 28.3.2019. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that in case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Harish Chandra alias Hari Yadav, involved in case crime No. 46 of 2014, under Section 3(1) of UP Gangster Act, PS Dhanapur, district Chandauli, 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.4.2019 Ishrat