Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33830 of 2018 Applicant :- Kayyum Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Kayyum seeking bail in Case Crime No. 258 of 2018, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Zarifnagar, District Budaun.
Learned counsel for the applicant has submitted that according to the gang-chart, the applicant is said to be involved in as many as three cases and in all the said three cases, he has already been granted bail, copies of bail orders have been annexed along with the bail application. During the course of argument, learned counsel for the applicant has pointed out that apart from the said cases, the applicant has been involved in four other criminal cases. However, in para 4 of the supplementary affidavit he has clearly stated that the applicant was not involved in the said four cases and charge-sheet of the said cases has been filed along with the supplementary affidavit. Prospects of conclusion of trial at an early date is very bleak due to heavy dockets.
He has further submitted that the applicant is in jail since 27.07.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant and has further submitted that in case, the applicant is released on bail, he will again indulge in anti-social activities and misuse the privilege of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Kayyum be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.10.2018 Arun Gangwar