Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11011 of 2018 Applicant :- Naushad Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This bail application has been moved seeking bail in Case Crime No.89 of 2018 under section 2/3 of U.P. Gangesters and Anti-Social Activities (Prevention) Act, 1986, Police Station Dankaur, District Gautumbudh Nagar, during the pendency of trial.
The contention of the learned counsel for the applicant is that the applicant has been falsely implicated. In gang chart, enclosed at page-13 of the paper book, three criminal cases i.e. (1) Case Crime No. 296 of 2017 under Section 395 of the Indian Penal Code, Police Station Dankaur, (2) Case Crime No. 541 of 2017 under Sections 395 and 412 of the Indian Penal Code, Police Station Dankaur and (3) Case Crime No. 588 of 2017 under Section 25 of the Arms Act, Police Station Dankaur District Gautambudh Nagar, are shown against the applicant, on the basis of which present case has been imposed against the applicant. In all of them he has been granted bail. The applicant is not involved in other criminal case other than the present case. The applicant is absolutely innocent and is languishing in jail since 10th February, 2018. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Naushad involved in aforesaid 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
(D.K. Singh-I, J.) Order Date :- 27.3.2018 Sushil/-