Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33275 of 2019 Applicant :- Javed @ Javed Kabadi Opposite Party :- State Of U.P. Counsel for Applicant :- Chandrajeet Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard Sri Chandrajeet, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case. There are eight cases shown in the gang chart against the applicant, out of which in Case Crime No.736/18 under sections 379, 382, 411 I.P.C. the charge sheet has not been submitted against the applicant and in rest of the cases the applicant is on bail which has been explained in para 6 and 7 of the affidavit filed in support of the bail application. Applicant is languishing in custody since 10.6.2019. Learned counsel for the applicant further undertakes that if the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicant.
Considering the submission of learned counsel for theJaved @ Javed Kabadi parties, facts of the case, nature of allegation, gravity of offence, without expressing any view on on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant- Javed @ Javed Kabadi be released on bail in Case Crime No. 100 of 2019 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Dhaulana, District- Hapur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of 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 activities.
(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 :- 21.8.2019 Rk