Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41070 of 2018 Applicant :- Mohd. Rafi And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Prashant Sharma,Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Mohd. Rafi and Irshad seeking bail in Case Crime No.426 of 2018, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S. Amroha Nagar, District- Amroha/ J.P. Nagar.
Learned counsel for the applicants has submitted that according to the gang-chart each of the applicants is shown to be involved in one case and both the applicants have been granted bail in the said case, copies of bail orders have been annexed along with the bail application. Prospects of conclusion of trial at an early date is very bleak due to heavy dockets.
Learned counsel for the applicants has further submitted that the applicants are in jail since 13.06.2018 and in case, they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants but has submitted that in case, the applicants are released on bail, they will again indulge in anti- social activities and misuse the privilege of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions 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 the applicant Mohd. Rafi and Irshad be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties 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 :- 27.10.2018 cks