Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18203 of 2019 Applicant :- Pappu @ Anand Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Learned counsel for the applicant is permitted to correct the name of the applicant in the memo of bail application during the course of the day.
Heard Mr. K. D. Awasthi, learned counsel for the applicant, Mr.
Z.K. Hasan, learned Additional Government Advocate for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case with some ulterior motive. It is further contended by the learned counsel for the applicant that the District Magistrate, Auraiya passed an ex-parte externment order dated 28.01.2019 against the applicant to leave the local jurisdiction of District Auraiya for six month, but as the applicant did not have any knowledge of the order passed by the District Magistrate, Auraiya, he could not comply with the order and has been arrested by the police on 19.03.2019 and sent to jail. It is also submitted that the applicant has moved an application for bail, which was rejected by the learned Sessions Judge, Auraiya on 04.04.2019. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is lastly contended by the learned counsel for the applicant that the applicant has been in jail since 20.03.2019. Learned counsel for the applicant undertakes that if the applicant is released on bail, he will leave the local jurisdiction of District Auraiya for six months in compliance of the order of District Magistrate, Auraiya dated 28.01.2019.
Per contra learned AGA 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 indulge in similar anti-social activities and will misuse the liberty of bail by extending threat and intimidation to the prosecution witnesses.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case, let the applicant Pappu @ Anand, involved in case crime No. 63 of 2019, under section 3/10 of UP Control of Goonda Act, police station Achhalda, district Auraiya, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned on 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 appear on the date fixed by the trial court and 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.
4. The applicant shall given an undertaking before the court concerned that in compliance of the order dated 28.01.2019 passed by District Magistrate, Auraiya, he will not enter in the local jurisdiction of district Auraiya.
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 :- 30.4.2019 Sazia