Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23078 of 2019 Applicant :- Nadeem @ Ghoda Opposite Party :- State Of U.P.
Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard Sri Kumar Dhananjay, learned counsel for the applicant, Mrs. Manju Thakur, learned AGA-I for the State and perused the material placed on record.
Applicant- Nadeem @ Ghoda seeks bail in Case Crime No. 1047 of 2017, under Section 2/3 of U.P. Gangster and Anti- Social Activities (Prevention) Act, 1986, Police Station- Murad Nagar, District- Ghaziabad.
It is argued by the learned counsel for the applicant that in the gang chart accompanying the F.I.R. only three cases have been shown against the applicant namely Case Crime No. 892 of 2016, under Sections 392, 411, 414 I.P.C., Case Crime No. 240 of 2017, under Sections 420, 411, 414 I.P.C. and Case Crime No. 241 of 2017, under Sections 25 Arms Act. He next contended that the applicant has been granted bail in Case Crime No. 892 of 2016 and 241 of 2017, copy of bail orders have been brought on record as Annexures-3 and 5 to the affidavit accompanying the bail application, while in Case Crime No. 240 of 2017, he was convicted and sentenced for the period which he had already undergone by the judgement and order dated 08.08.2018, passed by Additional Chief Judicial Magistrate, Court No. 6, Meerut, copy of the order has been annexed as Annexure-4 to the affidavit accompanying the bail application. It has been further submitted that there is nothing on record to show that applicant has gained any undue temporal pecuniary material for himself or any other person by Gangster and Anti Social Activities acts. He next submitted that the applicant has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 04.08.2018. In case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits, let the applicant, Nadeem @ Ghoda involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 V.S.Singh