Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23048 of 2019 Applicant :- Mahir Opposite Party :- State Of U.P. Counsel for Applicant :- Jagdev Singh Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard Sri Jagdev Singh learned counsel for the applicant, Mrs. Manju Thakur, learned AGA-I for the State and perused the material placed on record.
Applicant- Mahir seeks bail in Case Crime No. 54 of 2019, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Asmauli, District- Sambhal.
It is argued by the learned counsel for the applicant that although in the gang chart accompanying the F.I.R. only one case namely Case Crime No. 329 of 2018 under Sections 302, 394, 307 and 411 I.P.C. has been shown against the applicant, in which he has been granted bail, copy of bail order has been brought on record as Annexure-2 to the bail application. He next submitted that apart from the case mentioned in the gang chart, the applicant is also involved in seven other cases namely, Case Crime No. 124 of 2016, under Sections 379, 411 and 420 I.P.C., Case Crime No. 745 of 2018, under Sections 307, 413, 414, 420, 467, 468 and 471 I.P.C., Case Crime No.
388 of 2018, under Section 392 I.P.C., Case Crime No. 281 of 2018 under Section 394 and 411 I.P.C. Case Crime Nos. 450 of 2018, 451 of 2018 and 452 of 2018 under Section 307 I.P.C. and Sections 413, 414 I.P.C. and 3/25 Arms Act, respectively. He next submitted that the applicant has been granted bail in all the seven cases and the copies of the bail orders have been appended collectively as Annexure 3 to the affidavit accompanying the bail application. He next submitted that the applicant has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 14.03.2019. In case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits, let the applicant, Mahir involved in aforesaid case crime be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 V.S.Singh