Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17444 of 2019 Applicant :- Rajendra Pasi Alias Neta Opposite Party :- State Of U.P.
Counsel for Applicant :- Ramji Singh Patel Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Ramji Singh Patel, learned counsel for the applicant as well as Mr. learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that the applicant had gone to Faridabad to earn his livelihood, he could not appear before the trial court, and consequently, non-bailable warrant has been issued against him on 05.05.2015 and he was arrested and presently he is in jail since 30.012019. It is also submitted by the learned counsel for the applicant that criminal history of applicant has been explained in paragraph 18 of the affidavit filed in support of the bail application and in all the cases, the applicant was on bail and he has never misused the liberty of bail. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. He is not a previous convict. Learned counsel for the applicant undertakes that if the applicant is released on bail, he shall attend the court regularly and cooperate with the trial and will not misuse the liberty of bail in any manner.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Rajendra Pasi alias Neta, involved in case crime No. 30 of 2006 (SST No. 32 of 2007), under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, PS Sarnath, district Varanasi, 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.4.2019 Sazia