Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40155 of 2019 Applicant :- Mohd. Shafi @ Nanhu Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Ram Kumar Dubey, learned counsel for the applicant, the learned A.G.A. for State and perused the record.
Learned counsel for applicant contended that the applicant is an innocent person and has been falsely implicated in this case; that except this, only one case is pending against the applicant, wherein he has already been granted bail by Sessions Judge, Moradabad; that applicant is neither member nor leader of any gang; that there is no independent public witness of the alleged incident; that the applicant will not misuse the liberty of bail and he is in jail since 25.07.2019.
Per contra, learned A.G.A. has opposed the prayer for bail but does not dispute the aforesaid facts.
Considering the facts and circumstances of the case and without commenting upon the merits of the case, in my opinion, the applicant is entitled to be released on bail.
Let applicant-Mohd. Shafi @ Nanhu involved in Case Crime No. 161 of 2019, under Section 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Dilari, District Moradabad, be released on bail on his executing a personal bond and on furnishing two 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 case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.9.2019 Vibha Singh