Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 283 of 2021 Applicant :- Kashmeer Singh And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pavan Kumar Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No. 289 of 2020, under Section 3(1) of U.P. Gangsters & Anti- Social Activities (Prevention) Act, 1986, Police Station Badhapur, District Bijnor.
The submission of learned counsel for the applicants is that as against the applicant no. 1 only one case is shown in the gang chart in which he has been enlarged on bail. As regards the applicant no. 2, it is stated that two cases are pending against him based upon which the proceedings under the Gangsters Act has been imposed against the applicant. In both the said cases, applicants are enlarged on bail. The bail orders have already been filed as Annexure-3 to the bail application. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is next contended that the applicant no. 1 is languishing in jail since 08.11.2020 while applicant no. 2 is languishing in jail since 17.11.2020.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants by contending that there is no reason to falsely implicate the applicants, therefore, they do not deserve any benevolence. In case, the applicants are released on bail, they shall again indulge in similar activities and shall misuse the liberty of bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicants are entitled for bail.
Let the applicant no. 1 Kashmeer Singh and applicant no. 2 Fauja Singh involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They shall not tamper with the witnesses.
3. They shall not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 6.1.2021 Puspendra