Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52322 of 2019 Applicant :- Irshad Opposite Party :- State of U.P.
Counsel for Applicant :- Dinesh Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This is an application for bail moved on behalf of the applicant Nazim @ Guddu, who is involved in Case Crime No. 291 of 2019, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station- Nauchandi, District- Meerut.
Learned counsel for the applicant has contended that as per the gang chart, the applicant is involved in three criminal cases namely Case Crime No. 157 of 2019, under sections 380 of 411 IPC; Case Crime No. 159 of 2019, under sections 380, 411 IPC and Case Crime No. 160 of 2019, under sections 380, 411 IPC, Police Station Nauchandi, District Meerut and in all the cases the applicant was convicted to undergo six months imprisonment. The period already undergone will be adjusted. It is further submitted that the applicant is in jail since 06.05.2019 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail but admitted the fact that applicant has been released on bail in all the three cases mentioned in gang chart.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Irshad, be released on bail in Case Crime No. 291 of 2019, under Section 2/3 of U.P. Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station- Nauchandi, District- Meerut on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate/Court concerned, subject to the following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complaint in any manner whatsoever.
(ii) The applicant will abide by the orders of the 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 activity.
(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.
Order Date :- 27.11.2019 C. MANI