Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11788 of 2021 Applicant :- Mohin And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and Sri Manuraj Singh, learned AGA for the State.
The applicants seek bail in Case Crime No. 05 of 2021, under Section 2/3 of the UP Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Sarsawa, District Saharanpur.
It is contended by learned counsel for the applicants that according to the gang chart, copy of which has been filed as Annexure-2 to the affidavit, only one case is pending against the applicants, in which the applicants have already been enlarged on bail, photocopies of the bail orders are collectively annexed as Annexure-3 to the affidavit. It is also contended that the applicants are neither leader nor members of any gang and they have been falsely implicated in the present case. It is next contended that the applicants are in jail since 08.01.2021 and in case they are enlarged on bail, they will not misuse the said liberty.
Learned AGA has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants Mohin and Salman, involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicants shall not tamper with the prosecution evidence;
(ii) the applicants shall not pressurize the prosecution witnesses;
(iii) the applicants shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 5.4.2021 Lbm/-