Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16988 of 2021 Applicant :- Ruby Opposite Party :- State Of U.P Counsel for Applicant :- Ankit Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Ankit Srivastava, learned counsel for the applicant, learned A.G.A for the State through video conferencing and perused the record.
It is submitted by learned counsel for the applicant that the applicant is a lady. As shown in the gang chart, she was implicated in the case taking recourse to the provisions of section 120- B IPC. She is on bail in that case. There is no other criminal case shown against the applicant. It is further submitted that in case the applicant is released on bail, she will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the gang chart.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ruby involved in Case Crime No.1071 of 2020 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Modi Nagar, District - Ghaziabad be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions :
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
4. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
The party shall file self-attested computer generated copy of this order downloaded from the official website of High Court, Allahabad. The concerned Court / Authority / Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 10.5.2021 / ss Digitally signed by Justice Om Prakash Date: 2021.05.11 14:21:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad