Heard, the learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been moved by the applicant Malik Hussain in case crime no. 882 of 2009, under Section 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S.Qwarsi, District Aligarh, with a prayer that he may be admitted to bail.
It is contended by the learned counsel for the applicant, that according to the gang chart, the applicant is said to have been involved in three cases, one case is registered as Case Crime No. NIL of 2009, under Section 41/102 Cr.P.C. and 411 I.P.C., P.S. Qwarsi, District- Aligarh, Case Crime No. 560 of 2009, under Section 379, 411 I.P.C., P.S. Qwarsi, District- Aligarh and the third case crime no. 530 of 2009, under Section 379 and 411 I.P.C., P.S. Qwarsi and District Aligarh. In all the three cases, applicant is enlarged on bail. The applicant has been falsely implicated in the present case. There is no chance of absconding, and in case he is enlarged on bail, he will not misuse the liberty of the bail. The applicant is in jail since 23.07.2009. On the other hand, the learned AGA contended that, the applicant is having criminal history, in case he is enlarged on bail, he will again indulge in similar activities.
In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Malik Hussain involved in case crime no.882 of 2009, under Section 2/3 U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S.Qwarsi, District Aligarh, be enlarged on bail, on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed. In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 16.6.2010 Sunil Kr Tiwari