Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10953 of 2018 Applicant :- Rajendra Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This bail application has been moved seeking bail in Case Crime No.03 of 2018 under sections 2/3 U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986 Police Station Girwan, District Banda, during the pendency of trial.
The contention of the learned counsel for the applicant is that the applicant has been falsely implicated in this case. In the gang chart only one case crime no.169 of 2017 under section 379 IPC PS Atarra, District Banda is shown against his name in which he has been granted bail.The applicant is not involved in any other criminal case. The applicant is absolutely innocent and is languishing in jail since 20.1.2018. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In the light of the aforesaid arguments, looking to the fact of the case, taking into consideration the nature of offence, quantum of punishment, period of detention in jail and the case which has been shown in the gang chart against him, he has already been released on bail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Rajendra 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 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 :- 27.3.2018 AU