Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4005 of 2019 Applicant :- Mustkeem Opposite Party :- State Of U.P.
Counsel for Applicant :- S.P.S. Chauhan,Smt. Meenakshi Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Mustkeem in Case Crime No. 25 of 2017, under Section 2/3 of U.P. Gangsters and Anti- Social Activities (Prevention) Act, Police Station- Kwarsi, District- Aligarh with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant is wholly innocent and he has been falsely implicated in the present case only on the basis of his involvement in two criminal cases under Section 302 I.P.C. In both the cases shown in the gang-chart, the applicant has been granted bail by coordinate Benches of this Court by orders dated 17.11.2018 and 13.12.2018 passed in Criminal Misc. Bail Application Nos.33876 and 43870 of 2018 respectively. The applicant has been enlarged on bail in all the aforesaid four cases; copies whereof have been annexed to the affidavit filed in support of bail application. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 21.5.2016, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Mustkeem 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 following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.1.2019 Vikas