Court No. - 63
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11196 of 2018 Applicant :- Neta @ Fakarruddin Opposite Party :- State Of U.P. Counsel for Applicant :- R.B. Pal Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in four criminal cases in which he has already been enlarged on bail by the court concerned. He has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 29.11.2017 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Without expressing any opinion on the merits, let the applicant Neta alias Fakarruddin, involved in case crime No. 48 of 2018, under section 2/3 of UP Gangster Act, PS Saini, district Kaushambi, 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 Ishrat