Learned counsel for the applicant has filed today second supplementary affidavit, which is taken on record.
Heard learned counsel for the applicant and learned AGA for the State and perused the material available on record.
The present bail application has been filed by the applicant in Case Crime No. 380 of 2016, under Sections 3 (1) U.P. Prevention of Anti-Social Activities & Gangster Act, Police Station ? Siddharth Nagar, District ? Siddharth Nagar, with the prayer to enlarge him on bail.
Learned counsel for the applicant contended that there is only one criminal history of the applicant in which case he has already been granted bail vide order dated 04.07.2016, passed in Criminal Misc. Bail Application No. 21092 of 2016 (Mohd. Rais Ahmad @ Shareef State of U.P), copy of the order is annexed as annexure to the bail application.
The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.
It has further been submitted that the applicant is innocent with no previous criminal history and is in jail since 21.04.2016, in case, he is enlarged on bail, he will not misuse the liberty of bail.
Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released.
Let the applicant ? Mohd. Raish Ahmad @ Shareef be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Order Date :- 24.10.2016.
Vinod.