Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40105 of 2019 Applicant :- Nadeem And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Gaurav Kakkar Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.393 of 2019, under Section 2/3 Uttar Pradesh Gangsters and Anti- Social Activities (Prevention) Act, 1986, Police Station Kotwali Dehat, District Saharanpur, applied for bail.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. He further submits that there are three cases against accused-applicant no. 1 and two cases against accused-applicant no. 2 and one case against accused-applicant no. 3 have been shown in gang chart, they have been released on bail. Applicant are in jail since 10.8.2019. It is further submitted that there is no possibility of the applicants fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicants are a member of gang, having three, two and one cases against applicant no. 1, 2 and 3 respectively, as shown in gang chart.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, number of cases shown in gang chart and without commenting upon the merit of the case, applicant deserves bail.
Let applicants Nadeem, Shaukeen and Mohd. Iqbal be released on bail in the aforesaid case crime on thier furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, they shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 27.9.2019 SKS