Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57415 of 2019 Applicant :- Kuwarpal Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Mr Om Prakash Singh, learned AGA and perused the record of the case.
It is submitted by learned counsel for the applicant that only two cases have been shown in the gang-chart, in which he has been bailed out from the competent court. The applicant has been falsely implicated in the present case. He submits that the applicant is in jail since 10.4.2015.
Learned AGA could not dispute the aforesaid facts advanced by learned counsel for the applicant.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Kuwarpal be enlarged on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 117 of 2015, under Sections 3(1) of the UP Gangsters Act 1986, P.S. Pakbara, District Moradabad subject to following conditions:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 20.12.2019 RavindraKSingh