Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4012 of 2019 Applicant :- Rajiv Alias Rishi Tiwari Opposite Party :- State Of U.P. Counsel for Applicant :- Akhil Ranjan Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard Sri Akhil Ranjan, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Rajiv Alias Rishi Tiwari in Case Crime No. 556 of 2018, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act, Police Station- Shahpur, District- Gorakhpur with the prayer to enlarge him on bail.
Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Prima facie, no offence under Section 3(1) of U.P. Gangsters Act is not made out. It is next submitted that one criminal history of the applicant is shown in the Gang- chart in which he has been granted bail by this Court. Besides it, applicant was also implicated in an offence under Sections 147, 148, 149, 353 I.P.C. and 7 of Criminal Law Amendment Act in which also he is enlarged on bail by the Sessions Judge, Gorakhpur. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 21.12.2018, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Rajiv Alias Rishi Tiwari be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the prosecution evidence;
2. The applicant shall not pressurize the prosecution witnesses;
3. The applicant shall appear on the date fixed by the trial court.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.1.2019/ Vikas