Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19058 of 2021 Applicant :- Imtyaz Opposite Party :- State of U.P.
Counsel for Applicant :- Anil Kumar Ojha Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Imtyaz seeking enlargement on bail during trial in connection with Case Crime No. 81 of 2021, under Section 2/3 of U.P. Gangster Act, registered at P.S.- Loni Bardor, District- Ghaziabad.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It is further submitted that the applicant used to earn money by selling fast food and the police officials used to eat from his shop when the applicant demanded the payment of fast food, the police personel refused to pay him and prosecuted him in the present case. It is further submitted that the applicant is neither member of any gang nor is a gang leader, hence offence under Section 2/3 of U.P. Gangster Act are not made out against the applicant. The applicant is on bail in the cases shown against him in the gang chart. He next submitted that the applicant is languishing in jail since 06.02.2021.
Per contra, learned A.G.A. vehemently opposed the prayer for bail but did not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Imtyaz involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 VPS