Heard, the learned counsel for the applicant, the learned AGA for the State and perused the record.
The present bail application has been moved by the applicant Pravin Kumar Singh @ Gabbar Singh in case crime no. 175 of 2007, under Section 2/3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Baghari, District Pratapgarh, with a prayer that he may be admitted to bail. It is contended by the learned counsel for the applicant, that according to the gang chart, the applicant is said to have been involved in four cases, one case is registered as NCR No. 75/03, under Section 352, 506 I.P.C. and in other three cases in which Case Crime No. 75/2003, the applicant has been acquitted and Case Crime No. 63/2000 and Case Crime No. 64/2006 he is on bail. The applicant has been falsely implicated in the present case. There is no chance of absconding, and in case he is enlarged on bail, he will not misuse the liberty of the bail. The applicant is in jail since 27.4.2010. On the other hand, the learned AGA contended that, the applicant is having criminal history, in case he is enlarged on bail, he will again indulge in similar activities.
In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant, Pravin Kumar Singh @ Gabbar Singh involved in case crime no.175 of 2007, under Section 2/3(1) U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, P.S. Baghari, District Pratapgarh, be enlarged on bail, on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed. In defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail.
Order Date :- 16.6.2010 Sunil Kr Tiwari