Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13334 of 2021 Applicant :- Mohd. Tazir And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Amit Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Amit Rai, learned counsel for applicants and learned A.G.A. for State. Perused the record.
Learned counsel for applicants submits that according to the case mentioned in gang chart, which is annexed at page-22 of the paper book, applicants have criminal history of one case in which they have been granted bail. The bail order has been brought on record at page- 26 of the paper book. According to learned counsel for applicants, there is no material against applicants to invoke the provisions of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. Apart from the case mentioned in gang chart, there is one more case, i.e., Case Crime No.983-C of 2015, in which final report dated 11.10.2015 has been submitted in favour of applicant-1. Two more cases are also registered against applicant-3 as Case Crime No.389 of 2017 and Case Crime No.301 of 2020. Applicant-3 has been enlarged on bail in above-mentioned case crime numbers. Bail orders are annexed as Annexures-5 and 6 to the affidavit. On the aforesaid premise, it is urged that applicants undertake that they will not misuse the liberty of bail. Applicants are in jail since 18.09.2020.
Per contra, learned A.G.A. has opposed the prayer for bail.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicants- Mohd. Tazir and 2 Others, involved in Case Crime No.16 of 2021, under sections 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S.- Kiratpur, District- Bijnor, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. Applicants will not tamper with the evidence.
2. They shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. They shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 8.4.2021 Saif