Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33862 of 2019 Applicant :- Rajan Puri @ Raja Opposite Party :- State Of U.P.
Counsel for Applicant :- Manu Sharma,Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in this case. In gang chart two Case Crime Nos. 339 of 2014 and 179 of 2009 have been shown against the applicant, in which he is on bail, the bail orders are filed at Annexure Nos. 3 and 4 to the affidavit. Third matter shown in the gang chart is not a case but Beat Soochna Rapat No.16 at 9:10 dated 04.04.2014. The applicant has given explanation in paragraph No.9 of the affidavit. Learned counsel for the applicant has further contended that there is nothing on record against the applicant to invoke the provision of U.P. Gangsters and Anti Social Activities (Prevention) Act 1986. The applicant has no criminal history. Applicant is languishing in jail since 30.3.2014. In case, the applicant is released on bail he will not misuse the liberty of bail.
Learned AGA opposed the prayer of bail but could not dispute the argument submitted by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody and gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant- Rajan Puri @ Raja be released on bail in G.T. No.26 of 2015 arising out of Case Crime No.453 of 2014 under Section- 2/3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, Police Station- Sonauli, District- Mahrajganj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.8.2019 Ashutosh Pandey