Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3939 of 2019 Applicant :- Ravi Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Santosh Yadav, 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- Ravi in Case Crime No. 365 of 2018, under Section 2/3 of Gangster Act, Police Station- Saiyan, District- Agra 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 by the police under the Gangsters Act only on the basis of his past criminal history of two cases. It is next contended that the applicant has already been enlarged on bail in the aforesaid two cases; copies of which have been annexed as annexure-3 to the affidavit filed in support of bail application. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 24.10.2018, 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- Ravi 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