Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4071 of 2019 Applicant :- Ramvir Alias Kalaktar Khatik Opposite Party :- State Of U.P.
Counsel for Applicant :- Veerendra Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Ramvir @ Kalaktar Khatik seeks bail in Case Crime No. 566 of 2018, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Kayamganj, District- Farrukhabad.
Learned counsel for the applicant has submitted that as per the gang-chart, the applicant is said to be involved in as many as six cases shown against the applicant and in all the said cases, he has already been granted bail, copy of the bail orders has been annexed along with the bail application. Lastly, it is submitted that applicant is in jail since 17.12.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has opposed the prayer for bail, but could not dispute the aforesaid facts and the fact that the applicant is in jail since 17.12.2018 and has been granted bail in all the case shown against him.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant Ramvir @ Kalaktar Khatik be released on bail in the aforesaid case crime number on his furnishing a personal bond and two heavy sureties of the like amount to the satisfaction of the court concerned and one surety shall be family member of the applicant, subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same as expeditiously as possible preferably with a period of six months form the date of receipt of certified copy of this order, keeping in view of the law laid down by the Apex Court in the case of Alakh Alok Srivastava Vs. Union of India and another, report in AIR 2018 (SC) 2004, if there is no other legal impediment Order Date :- 29.1.2019 KU