Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15788 of 2018 Applicant :- Mohd. Atahar Khan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Adya Prasad Tewari,Shahnawaz Khan Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed for enlarging the applicants on bail in case Crime No.126 of 2018, under Section 3 (1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, PS- Kotwali, District- Maharajganj.
Learned counsel for the applicants submits that applicant has been falsely implicated in this case. It is next contended that as per gang chart one case alleged to have shown against the applicants being Case Crime No. 09 of 2018 in which applicants have been granted bail, copy of the bail order is annexed as Annexure- 3 to the affidavit accompanying the bail application. It is next contended that there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses and they are in jail since 19.02.2018. Hence, the applicants should be released on bail.
Learned A.G.A. has, however, opposed the prayer for bail to the applicants but admitted the fact that applicants have been granted bail in the aforementioned case shown against them in the gang chart.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submission of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicants have made out a case for bail.
Let applicants Mohd. Atahar Khan and Ataurrahman be released on bail in the aforesaid case crime number on their furnishing personal bonds and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 30.4.2018/AKT