Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13358 of 2021 Applicant :- Nafees Sultan And Another Opposite Party :- State Of U.P Counsel for Applicant :- Kharag Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard learned counsel for applicants, learned A.G.A. for State.
Perused the record.
According to the gang chart the applicant No. 1 is said to be involved in four criminal cases and applicant No. 2 is said to be involved in 8 criminal cases wherein they are on bail. Copy of bail orders are appended with the affidavit filed in support of bail application from page No. 21 to 51 of paper book. There is no material on record against the applicants to invoke the provisions of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. The applicants have no other criminal history and applicants undertakes that they will not misuse the liberty of bail. The applicants are in jail since 27.11.2020.
Per contra; learned A.G.A. has opposed the prayer for bail.
Having heard learned counsel for applicant, learned A.G.A. for the state and upon perusal of material brought on record, nature of offence, evidence, complicity of the accused and larger mandate of Article 21 of the Constitution of India and dictum of Apex Court in Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22 but without expressing any opinion on merits of the case, I am of the view that applicant has made out a case for bail. Accordingly, bail application is allowed.
Let the applicants- Nafees Sultan and Sullan involved in Case Crime No. 02 of 2021, under sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Anoopshahar, District Bulandshahar, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicants will not tamper with the evidence.
2. They shall not pressurize/intimidate the prosecution witnesses and shall cooperate with the trial.
3. They shall appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.
Order Date :- 8.4.2021 Ankita