Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11597 of 2018 Applicant :- Naveen Gautam Opposite Party :- State Of U.P.
Counsel for Applicant :- Harindra Prasad,Deep Chand Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
Applicant-Naveen Gautam seeks bail in Case Crime No. 477 of 2016 under Sections 3(1) of U.P. Gangsters and Anti Social Activities(Prevention) Act, 1986 Police Station-Rudrapur District-Deoria during the pendency of trial.
As per the gang chart available on record, three cases are said to have been pending against the applicant.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is next submitted that the applicant has been granted bail in the cases shown in the gang chart, copies whereof have been annexed as Annexure Nos. 3 and 4 to the bail application and annexure no.1 to the supplementary affidavit. The applicant is languishing in jail since 07.10.2016 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but conceded this fact that the applicant has been enlarged on bail in the cases shown in the gang chart.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Naveen Gautam involved in the 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.
Order Date :- 30.3.2018 Sumit S