Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33478 of 2019 Applicant :- Riyasat Opposite Party :- State Of U.P. Counsel for Applicant :- Mohit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard Sri Mohit Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case. There are three cases shown in the gang chart against the applicant and in those cases the applicant is on bail vide order dated 30.7.2019 in Criminal Misc.Bail Application No. 5741 of 2019 by this Court and in other two cases by the court concerned vide orders dated 21.8.2018 and 6.8.2018, the bail orders have been filed at Annexure No. SA-1 to the supplementary affidavit. Applicant is languishing in custody since 27.7.2019. Learned counsel for the applicant further undertakes that if the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any view on on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant- Riyasat be released on bail in Case Crime No.146 of 2019 under Section 2/3 Gangster Act, PS.Kotwali Dehat, District-Saharanpur 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.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(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 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.
Order Date :- 22.8.2019 Rk