Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33849 of 2019 Applicant :- Mangali Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
This bail application has been filed on behalf of applicant to enlarge him on bail in S.S.T. No. 131 of 2012 arising out of Case Crime No. 2079 of 2009 under section 3(1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986, P.S.- Kannauj, District- Kannauj.
Learned counsel for the applicant contended that the applicant is facing trial in the aforementioned case, applicant was enlarged on bail. In that case due to sudden illness, he could not appear before the trial court on 20.04.2019, thereafter non-bailable warrant has been issued against him. He has not committed default deliberately. The applicant is ready to furnish bail bond and sureties. The applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 15.07.2019.
Learned A.G.A. opposed the prayer of bail and contended that accused had deliberately misused the terms and conditions of the bail.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Mangali be released on bail in S.S.T. No. 131 of 2012 arising out of Case Crime No. 2079 of 2009 under section 3(1) of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986, P.S.-Kannauj, District- Kannauj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(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.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the instant bail application is allowed. Order Date :- 26.8.2019/Sharad/-