Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22657 of 2019 Applicant :- Nizam Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Nizam with a prayer to release him on bail in Gangster Trial No. 03 of 2018 (State Vs. Bharat), arising out of Case Crime No. 229 of 1988, under Sections 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Mahuli, District- Sant Kabir Nagar, during pendency of trial.
Allegation against the applicant is that he has involved in five cases. First case is Case No. 258 of 1986, under Section 399, 402 IPC, wherein the applicant has been acquitted by court of Additional Sessions Judge-III, Basti, vide order dated 30.7.2003. Section case is Case No. 259 of 1986, under Section 25 Arms Act, wherein the applicant is not named in the FIR as per police report dated 17.5.2019. Third case is Case No. 236 of 1987, under Section 25 Arms Act, wherein as per police report dated 18.5.2019 applicant is not wanted in this case. Fourth case is Case No. 213 of 1988, under Sections 457, 380 IPC, wherein as per police report dated 23.10.2018, record is not available with the police. Last case is Case No. 237 of 1987, under Section 395, 397, 120-B IPC, wherein the applicant has been acquitted by trial court on 5.8.1995. As per the argument of learned counsel for the applicant, there is no justification for implication of the application since he is not residing locally. The applicant has falsely been implicated in the present case due to police rivalry. The applicant is not a member of any gang. The applicant is languishing in jail since 7.5.2019 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 of the case, let the applicant Nizam 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.
Order Date :- 29.5.2019 Ruchi Agrahari