Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31284 of 2019 Applicant :- Ranvijay And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohit Gautam,Rajesh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, learned A.G.A. for State and perused the material available on record.
Accused-applicants, involved in Case Crime No.118 of 2019, under Sections 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Hathras Gate, District Hathras, applied for bail.
Learned counsel for the applicants submits that applicants have been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicants committed no offence. A false and fabricated story has been set up by the police. He further submits that in all cases shown in gang chart against the accused-applicants, they have been released on bail. Applicants are in jail since 11.07.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicants and submitted that applicants are members of gang, having one cases against each of them, as shown in gang chart.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicants in jail, severity of punishment in case of conviction, number of cases shown in gang chart and without commenting upon the merit of the case, applicants deserves bail.
Accordingly, bail application is allowed.
Let applicants Ranvijay, Chhote Lal and Ashok Kumar be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties each and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, they shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 30.9.2019 I.A.Siddiqui