Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23742 of 2019 Applicant :- Mohd. Shamim @ Dhoni Opposite Party :- State Of U.P.
Counsel for Applicant :- Shams Uz Zaman Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Mohd. Shamim @ Dhoni has prayed to release him on bail in Case Crime No.162 of 2019, under section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S.Katghar, District Moradabad.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant has contended that the applicant is innocent and he has been falsely implicated in this case without any basis; he is neither a gang leader nor a member of any gang. Only one case has been shown against the applicant in the gang chart and in that case he has already been enlarged on bail. Copy of the bail order has been annexed with the affidavit filed in support of the bail application. It is further contended that apart from the aforesaid cases shown in the gang chart there is no other case pending against the applicant. He is a peace loving citizen having permanent residence and there is no possibility of his absconding from trial. It is lastly contended that there is no likelihood of early disposal of the trial and the applicant undertakes that if released on bail, he will never misuse his liberty and will cooperate in trial.
Learned AGA has opposed the bail application but he could not point out any thing relevant to contradict the aforesaid submissions.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail.
Let the applicant,Mohd. Shamim @ Dhoni involved in above mentioned Case Crime number be released on bail on his executing personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidences.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below shall be at liberty to proceed to cancel his bail.
Order Date :- 7.6.2019 Rk