Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40143 of 2019 Applicant :- Imran Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Ram Raj Pandey, learned counsel for the applicant, the learned A.G.A. for 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 by the police; that seven cases are shown against the applicant in the Gang Chart and in all these case he is on bail; that nothing incriminating was recovered from the possession of the applicant. He further submits that applicant is neither member nor leader of any gang. He further submits that applicant will not misuse the liberty of bail and he is in jail since 16.07.2019.
Per contra, learned A.G.A. has opposed the prayer for bail submitting that applicant is a history sheeter and many cases are pending against him.
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-Imran involved in Case Crime No. 249 of 2019, under Section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Baraut, District Baghpat, 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