Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33473 of 2019 Applicant :- Padam Baheliya And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Sunil Kumar Yadav, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants contended that applicants are innocent and they has been falsely implicated in the present case. There are three cases shown in the gang chart against the applicants and in all cases the applicants are on bail, the bail orders are filed at Annexure Nos. 3 to the affidavit. Applicants are languishing in custody since 28.03.2019. Learned counsel for the applicants undertakes that if the applicants are released on bail, they will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicants.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants- Padam Baheliya, Dilip Baheliya and Rameshwar Baheliya be released on bail in Case Crime No. 96 of 2019 under Section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Marhara, District- Etah on furnishing a personal bond and two sureties each of them in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will not tamper with prosecution evidence.
(ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Order Date :- 22.8.2019 Rk