Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that there are two cases shown in the gang chart against the applicant, and in all cases the applicant is on bail, the bail orders are annexed as Annexure no. 3 to the affidavit; that the applicant has no other criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 15.07.2016.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant - Nadeem @ Banna be released on bail in Case Crime No. 3124 of 2015, under Section 2/3 U.P Gangster & Anti Social Activities (Prevention) Act, 1986, Police Station - Sadar, Bazar, District - Shahjahanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
i. The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii. The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
iii. The applicant will not indulge in any unlawful activities.
iv. The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 09.11.2016 Vinod.