Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11101 of 2018 Applicant :- Praveen Kumar @ C.O.
Opposite Party :- State Of U.P.
Counsel for Applicant :- Shravana Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 988 of 2017 under Sections 3(1) U.P. Gangster and Anti Social Activities (Prohibition) Act, 1986 P.S. Handia, District Allahabad.
It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; in the gang-chart, two Criminal Cases i.e. Case Crime No. 474 of 2017 under Sections 395/411/504 I.P.C., P.S. Handia; Case Crime No. 105 of 2016 under Section 394 I.P.C., P.S. Utraon are shown pending against him and in both these cases, he has been granted bail; one another case under Section 3/25 Arms Act was also pending against him in which he has been granted bail; the accused applicant is in jail since 25.8.2017; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
In view of the above arguments, looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Praveen Kumar @ C.O. involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with 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 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.
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 :- 27.3.2018 A. Mandhani