Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9649 of 2018 Applicant :- Imran Opposite Party :- State Of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Anuj Bajpai, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 Cr.P.C. has been moved by the accused- applicant Imran, who is involved in Case Crime No. 1709 of 2017, under Section 2/3 of U.P. Gangster Act, Police Station - Jalalabad, District - Shahjahanpur.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. No offence, whatsoever, is made out against the applicant, who is innocent. Absolutely vague and bald allegations have been levelled against the applicant. Moreover, the applicant has been made accused in this case on the basis of single case arising out of Case Crime No. 1081 of 2017 under Sections 420, 483, 411, 414 IPC. Copy of bail order has been annexed at Annexure No. 2 of the affidavit appended to the bail application. The applicant has no other criminal history. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 10.09.2017.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he admitted the fact that there is only one case against the applicant in Case Crime No. 1081 of 2017.
There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Imran be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed.
Order Date :- 27.3.2018 I. Batabyal