Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24935 of 2019 Applicant :- Pawan Saini Opposite Party :- State Of U.P.
Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Pawan Saini in connection with Case Crime No. 213 of 2017, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Beharigarh, District Saharanpur.
Learned counsel submits that the applicant has been falsely implicated in this case. It is further submitted that eleven cases were mentioned in the gang chart against the accused and the accused is on bail in all the cases and the other co-accused, namely, Imran Alias Manna and Muntgeer @ Munta have been granted bail in Criminal Misc. Bail Application No. 13182 of 2018 and Criminal Misc. Bail Application No. 44312 of 2018 vide orders dated 24.5.2018 and 20.11.2018 respectively and the role of the present accused is similar to the accused who have been granted bail.
Learned AGA has opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Pawan Saini in connection with Case Crime No. 213 of 2017, under Section 2/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Beharigarh, District Saharanpur be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 20.6.2019/Nadeem Ahmad