Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23569 of 2019 Applicant :- Mohit Kumar and Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Chandra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicants Mohit Kumar and Baxis Singh have prayed to release them on bail in Case Crime No. 32 of 2019, under section 3(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Ahraura, District Mirzapur.
Heard learned counsel for the applicants, learned AGA and perused the record.
Learned counsel for the applicants has contended that the applicants are innocent and have been falsely implicated in this case without any basis; they are neither gang leader nor member of any gang. Only one case has been shown against them in the gang chart and in that case they have already been enlarged on bail. Copies of the bail orders have 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 applicants. They are peace loving citizens having permanent residence and there is no possibility of their absconding from trial. It is lastly contended that there is no likelihood of early disposal of the trial and the applicants undertake that if released on bail, they will never misuse their 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 applicants may be enlarged on bail.
Let the applicant, Mohit Kumar and Baxis Singh, involved in above mentioned Case Crime number be released on bail on their each 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 applicants will not tamper with the evidences.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their 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 their bail.
Order Date :- 6.6.2019 Pcl