Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17984 of 2019 Applicant :- Jabar Singh @ Vijay Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Tewari,Braham Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Applicant-Jabar Singh @ Vijay Singh seeks bail in Case Crime No.480 of 1997 , under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Baniyather, District-Moradabad.
Heard Sri Sushil Kumar Tewari, learned counsel for the applicant as well as Sri Kulveer Singh learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that initially the applicant was enlarged on bail by this Court vide order dated 08.03.1999 in Crl. Misc. Bail Application No.465 of 1999. Thereafter, applicant was appearing before the trial court till the year 2008 and meanwhile applicant has been acquitted in all cases, which has been shown in the gang chart. As such under the impression that the present case has also been concluded and he went to Punjab to earn his livelihood. Consequently, bailable warrant has been issued against him and he was arrested and presently he is in jail since 05.02.2019. Thereafter he applied for bail before the learned Special Judge (Gangsters Act) Moradabad, but the same was rejected vider order dated 26.03.2019. It is also submitted by the learned counsel for the applicant that criminal history of applicant has been explained in paragraph 2 of the affidavit filed in support of the bail application and in all the cases, the applicant was on bail and he has never misused the liberty of bail. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. He is not a previous convict. Learned counsel for the applicant undertakes that if the applicant is released on bail, he shall attend the court regularly and cooperate with the trial and will not misuse the liberty of bail in any manner.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Jabar Singh @ Vijay Singh, involved in the aforesaid case crime be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.4.2019 Pr/-