Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13459 of 2021 Applicant :- Harish Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Santosh Kumar Singh, learned counsel for applicant and learned A.G.A. for State.
Perused the record.
Instant bail application has been filed by applicant-Harish for seeking his enlargement on bail in Case Crime No. 37 of 2021, under Sections 3(1) U.P. Gangsters and Anti Social Activities(Prevention) Act, 1986, Police Station- Bachhraun, District-Amroha, during pendency of trial.
According to the gang chart the applicant is said to be involved in one criminal case wherein he is on bail. Copy of bail order is appended with the affidavit filed in support of bail application at page 23 of the paper book. There is no material on record against the applicant to invoke the provisions of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. The applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail. The applicant is in jail since 4.2.2021.
Per contra; learned A.G.A. has opposed the prayer for bail.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicant-Harish, 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.
Accordingly, the instant bail application is allowed.
Order Date :- 8.4.2021 Ankita