Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11112 of 2018 Applicant :- Rahul And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rameshwar Prasad Mishra 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. 53 of 2018 under Sections 2/3 U.P. Gangster & Prevention of Anti Social Activities Act, 1986, P.S. Tronica City, District Ghaziabad.
It has been argued on behalf of the learned counsel for the accused applicants that accused applicants have been falsely implicated in this case; three cases each are shown against them in the gang-chart i.e. Case Crime No. 634 of 2017 under Section 380/411 I.P.C., P.S. Tronica City; Case Crime No. 658 of 2017 under Sections 380, 411 I.P.C. P.S. Tronica City; Case Crime No. 818 of 2017 under Section 401 I.P.C. P.S. Tronica City and in all these cases, they have been granted bail; it is on the basis of these criminal cases that the present Case Crime No. has been slapped against them; the accused applicants are in jail since 30.01.2018; if the accused applicants are released on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
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 applicants Rahul and Mahesh 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.3.2018 A. Mandhani