Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19536 of 2019 Applicant :- Rinkesh Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Suneel Kumar Mishra,Pramod Kumar Mishra Counsel for Opposite Party :- G.A.,Prem Shanker Mishra
Hon'ble Siddhartha Varma,J.
Supplementary affidavit after serving the same on the learned AGA and Sri P.S. Mishra, counsel for the complainant.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
Learned counsel for the applicant has submitted that in the two cases mentioned in the gang chart, the applicant has been bailed out. With regard to a third crime in which the applicant has been involved with regard to which the complainant has made a reference, a final report has been submitted by the Police on 22.10.2017. It is further submitted that the applicant is in jail since 16.3.2019 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. and Sri P.S. Mishra vehemently opposed the prayer of bail. Sri P.S. Mishra submitted that a protest petition had been filed against the submission of the final report.
Upon hearing the learned counsel and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Rinkesh Tiwari be released on bail in Case Crime No. 0002 of 2019, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Handia, District Prayagraj on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to following conditions:-
(I) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court and will attend the court on every date and will not delay the disposal of the trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
The law shall take its own course with regard to the protest petition.
Order Date :- 24.6.2019 praveen.