Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25361 of 2017 Applicant :- Raja Thakur @ Vijay Pratap Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhat Kumar Singh,Ram Dular Patel Counsel for Opposite Party :- G.A.,Sudhir Kumar Singh
Hon'ble Shashi Kant,J.
Heard Shri Ram Dular Patel, learned counsel for the applicant, Sri Vijay Kumar Mishra, learned Government Advocate appearing for the State of U.P. and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 0391 of 2016, under Section 3 (1) U.P. Gangster Act, P.S. Ajeetmal, District Auraiya, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that Gangster Act has been imposed on him only on the basis of six cases and in all six cases, he is on bail, which is evident from bail order annexed as Annexure-1 of the affidavit in support of the bail application and Annexure-1 of the supplementary affidavit. Applicant is in jail since 25.06.2016. In these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant but has fairly conceded that Gangster Act has been imposed on the applicant on the basis of six cases in which he is already on bail.
Considering the rival submissions of learned counsel for parties, material available on record, ground that Gangster Act has been imposed on the applicant on the basis of six cases in which he is on bail as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Raja Thakur @ Vijay Pratap be released on bail in Case Crime No. 0391 of 2016, under Section 3 (1) U.P. Gangster Act, P.S. Ajeetmal, District Auraiya, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicants shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) During pendency of the aforesaid case, the applicant shall appear on 29th of each month before the Police Station concerned to get his attendance registered.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
A copy of this order shall be provided to the Government Advocate for information and necessary compliance.
Order Date :- 29.3.2018 Monika