Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11118 of 2018 Applicant :- Khaleel And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicants as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicants that according to the gang chart the applicants are said to have been involved in one criminal case in which they have already been enlarged on bail by the court concerned. They have falsely been implicated in the present case due to police rivalry. They not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicants are not a previous convict. The applicants are languishing in jail since 21.2.2018 and in case they are enlarged on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the applicants are member of gang and habitual of committing crime. In case the applicants are released on bail they will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Without expressing any opinion on the merits, let the applicants Khaleel and Babban, involved in case crime No. 71 of 2018, under section 3(1) of UP Gangster and Anti Social Activities (Prevention ) Act, 1986, PS Didoli, district J.P. Nagar, be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.3.2018 Ishrat