Court No. - 67
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43318 of 2021 Applicant :- Noor Hasan Opposite Party :- State of U.P.
Counsel for Applicant :- Shujauddin,Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
By means of this application, the applicant who is facing prosecution in Case Crime No.354 of 2021, under Section 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.-Gajraula, District- Amroha is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that the applicant is innocent. He has been falsely implicated in the present case only on the basis of his involvement in solitary criminal case mentioned in gang chart, whereof he has been granted bail by this Court vide order dated 21.09.2021 passed in Criminal Misc. Bail Application NO. 32516 of 2021. It is also contended that the applicant is in jail since 12.05.2021.
The prayer for bail has been vehemently opposed by learned A.G.A. However he does not dispute the fact that only one case is mentioned in the gang chart to the applicant's credit in which he has already been released on bail by another Bench of this Court.
Keeping in view the submissions of learned counsel for the parties and without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant, Noor Hasan be released on bail on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned in aforesaid case crime, subject to the following conditions:-
(a) The applicant shall attend the court according to the conditions of the bond executed by him.
(b) The applicant shall give a written undertaking to the court concerned after release that he would present in the Police Station Gajraula, District Amroha on the last Sunday of every month during 10.00 to 12.00 Noon during the trial of present case. In case of any default, the In-charge, Police Station shall forthwith inform the concerned court about this breach.
(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 28.10.2021 Brijesh Maurya