Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10992 of 2018 Applicant :- Omji Chaubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Learned counsel for the applicant has filed supplementary affidavit which is taken on record.
This bail application has been moved seeking bail in Case Crime No.1121 of 2017 under sections 3(1) of U.P. Gangsters and Anti-Social Activities (Prevention) Act, Police Station Auraiya, District Auraiya, during the pendency of trial.
The contention of the learned counsel for the applicant is that the applicant has been falsely implicated in this case. Two cases i.e. Case Crime Nos. 746 of 2017 and 749 of 2017, both P.S. Kotwali Auraiya are shown in the gang chart against the applicant in both the cases he has been granted bail The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 4.12.2017. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In the light of the aforesaid arguments, looking to the fact that the cases which have been shown against the applicant in gang chart he has been released on bail, taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Omji Chaubey 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 :- 27.3.2018 AU