Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24941 of 2019 Applicant :- Monu Bhartiya @ Mithilesh Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Monu Bhartiya @ Mithilesh seeking bail in Case Crime No. 512 of 2018, under Section 2/3 of U.P. Gangster and Ante-Social Activities (Prevention) Act, 1986, Police Station Jhunsi, District Prayagraj.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. He further submitted that two cases were shown against the accused in the gang chart, in all the cases the applicant has already been enlarged on bail. He further submitted that the co-accused Pintu @ Satya Narain has been granted bail by another Bench of this Court vide its order dated 23.4.2019 passed in Criminal Misc. Bail Application No.16595 of 2019. Offence is triable by the Magistrate. He further submitted that applicant is in jail since 10.7.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Monu Bhartiya @ Mithilesh be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 20.6.2019 Mini