Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33026 of 2019 Applicant :- Phool Singh And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the case. He further submitted that three appellants is said to be involved three cases in which appellant has already released on bail. There is no evidence against the appellant to indulge any anti-social activity. He has neither been a member of any gang nor gang leader. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence and the applicant Phool Singh and Rajaram are languishing in jail since 8.7.2019 and applicant Asharam is since 11.7.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicants have made out a case for bail.
Let the applicants Phool Singh And 2 Others involved in Case Crime No. 698 of 2018 under Sections 698 of 2018, under Section 3(1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986 I.P.C., P.S. Tirwa, District Kannauj be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not pressurise/intimidate the prosecution witness.
(iii) The applicants will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2019 Sachin