Court No. - 20
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23469 of 2018 Applicant :- Pramod Kumar Chauhan Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ravindra Nath Kakkar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed for enlarging the applicant on bail in Case Crime No.109 of 2018, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Barhan, District Agra.
Learned counsel for the applicant submits the applicant is innocent and has been falsely implicated in this case. It is next contended that as per gang chart three cases are alleged to have been shown against the applicant and in all the cases the applicant has been granted bail by the court below. It is further contended that except the cases mentioned in the gang chart in three other cases bearing Case Crime Nos.218 of 2010, 232 of 2014 and 258 of 2017 the applicant has been grated bail by this court, copies of bail orders are annexed as Annexure-4 to the petition and in the supplementary affidavit filed on 08.08.2018. It is lastly contended that there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses and he is in jail since 17.11.2017. Hence, the applicant should be released on bail.
Learned A.G.A. has, however, opposed the prayer for bail to the applicant but admitted the fact that applicant has been granted bail in all the cases shown against him in the gang chart.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Pramod Kumar Chauhan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail. Order Date :- 24.8.2018 Anand Sri./-