Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38788 of 2019 Applicant :- Nadeem And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Irshad Ahmad, learned counsel for the applicants, learned A.G.A. for State and perused the record.
Supplementary affidavit filed on behalf of the applicant in Court today, is taken on record.
Learned counsel for the applicants contended that the applicants are innocent and have been falsely implicated in the present case. There are two cases shown in the gang chart against the applicants and in all cases the applicants are on bail, bail orders have been collectively annexed at page Nos. 6, 7, 8 and 9 of the supplementary affidavit. There is no material on record against the applicants to invoke the provision of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. The applicants have no other criminal history and applicants undertake that they will not misuse the liberty of bail. The applicants are in custody since 20.07.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicants Nadeem and Mohd. Shafi Urf Meharjaan be released on bail in Case Crime No. 308 of 2019, under section 3(1) of U. P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Nakhass, District- Sambhal, on their 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 applicants will not tamper with prosecution evidence.
(ii) The applicants 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 applicants will not indulge in any unlawful activities.
(iv) The applicants 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 applicants to prison.
Accordingly, the instant bail application is allowed.
Order Date :- 26.9.2019 HSM