Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46119 of 2017 Applicant :- Rahimuddin And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicants that according to gang chart, five cases have been shown against the accused applicants and in all cases they are on bail. The applicants have been falsely implicated in the present case. They are languishing in jail since 4.8.2017 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Rahimuddin and Kamruddin involved in Case Crime No. 236 of 2017, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Ramghat, District - Bulandshahr be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.11.2017 A. Singh