Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35802 of 2018 Applicant :- Ramu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit, filed today, is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicants that according to gang chart three cases have been shown against each of the applicants. The applicants are on bail in cases shown in the gang chart. The applicants have been falsely implicated in the present case. There are no credible evidence against them. The applicants are languishing in jail since 30.7.2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, 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 applicants Ramu and Shyamu involved in Case Crime No. 299 of 2018, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Farenda, District Maharajganj be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 NS