Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22669 of 2019 Applicant :- Indresh And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicants as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicants, Indresh and Sukvindar with a prayer to release them on bail in Case Crime No. 129 of 2019 under Sections 3(1) U.P. Gangster and Anti- Social Activities (Prevention) Act, Police Station Kotwali, District- Azamgarh, during pendency of trial.
It is argued by the learned counsel for the applicants that according to the gang chart the applicants are said to have been involved in one criminal case in which they have already been enlarged on bail by the court concerned. The applicants have falsely been implicated in the present case due to police rivalry. The applicants are not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are not a previous convict. The applicants are languishing in jail since 13.10.2018 and in case they are enlarged on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the applicants are a member of gang and habitual of committing crime. In case the applicants are released on bail they will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Without expressing any opinion on the merits of the case, let the applicants Indresh and Sukvindar involved in aforesaid crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 Ruchi Agrahari