Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40801 of 2018 Applicant :- Rashid Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant and learned A.G.A. for the state and perused the record.
The applicant, Rashid seeks bail in case crime no.492 of 2015, under section 3(1) of U.P. Gangsters and Anti Social Activities (Prevention) Act. P.S. Khalilabad, District Sant Kabir Nagar.
It is argued by learned counsel for the applicant that according to the gang-chart, the applicant is said to be involved in as many as two cases and in all the said cases, he has already been granted bail, copies of bail orders have been annexed alongwith the bail application. Prospects of conclusion of trial at an early date is very bleak due to heavy dockets. It is further submitted that applicant is languishing in jail since 12.5.2015 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts as argued by learned counsel for the applicant and has submitted that in case he is released on bail, he will again indulge in ante-social activities and misuse the privilege of bail.
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 the applicant, Rashid 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 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.
Order Date :- 26.10.2018 R