Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18513 of 2018 Applicant :- Khursheed And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Singh,Amit Rai Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Certified copy of bail order filed today is taken on record.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants are on bail in cases shown in the gang chart. The applicants have been falsely implicated in the present case. There is no reliable evidence against them. It is also submitted that bail cancellation application in the cases shown in the gang chart has not been moved till date. They are languishing in jail and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Khursheed and Sabir involved in Case Crime No. 216 of 2018, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Najibabad, District - Bijnor be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which the are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions,the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.5.2018/safi