Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23463 of 2019 Applicant :- Nizamuddin@Pilau And Three Ors.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Supplementary affidavit, filed today, is taken on record.
By means of this application the applicants Nizamuddin @ Pilau, Imran, Raju and Mustaq have prayed to release them on bail in Case Crime No.105 of 2019, under section 3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Mehdawal, District Sant Kabir Nagar.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant has contended that the applicants are innocent and they have been falsely implicated in this case without any basis; they are neither a gang leader nor a member of any gang. Three cases have been shown against the applicants in the gang chart and in which they have already been enlarged on bail. Copies of the bail order have been annexed with the affidavit filed in support of the bail application. It is further contended that apart from the aforesaid cases shown in the gang chart there is no other case pending against the applicants. They are a peace loving citizen having permanent residence and there is no possibility of their absconding from trial. It is lastly contended that there is no likelihood of early disposal of the trial and the applicants undertake that if released on bail, they will never misuse their liberty and will cooperate in trial. The applicants are in jail since 29.3.2019.
Learned AGA has opposed the bail application but he could not point out any thing relevant to contradict the aforesaid submissions.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicants may be enlarged on bail.
Let the applicants, Nizamuddin @ Pilau, Imran, Raju and Mustaq, involved in above mentioned Case Crime number, be released on bail on their executing personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicants will not tamper with the evidences.
2. The applicants will not indulge in any criminal activity.
3. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
4. The applicants will appear regularly on each and every date fixed by the trial court unless their personal appearance are exempted by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below shall be at liberty to proceed to cancel their bail.
Order Date :- 4.6.2019 Meenu