Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33797 of 2019 Applicant :- Nanhelal Opposite Party :- State Of U.P.
Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case. There are two cases shown in the gang chart against the applicant and in those cases the applicant is on bail by the court concerned vide orders dated 26.9.2018, photo copy of the bail orders are filed at Annexure No. 3 to the affidavit. Applicant is languishing in custody since 12.7.2019. Except two cases, there is no criminal history as it has been explained in para 10 of the affidavit filed in support of the application. Learned counsel for the applicant further undertakes that if the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any view on 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.
Let the applicant- Nanhelal be released on bail in Case Crime No.168 of 2019 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S.Hafijganj, District- Bareilly 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.
(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 :- 26.8.2019 Rk