Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22008 of 2019 Applicant :- Rustam Opposite Party :- State Of U.P.
Counsel for Applicant :- Ikshwaku Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in case crime No. 32 of 2019 under Section 3(1) of U.P. Gangster Act and Anti Social Activities (Prevention) Act, 1986, Police Station Kerakat, District Jaunpur with the prayer to enlarge the applicant on bail.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused has been falsely implicated in the present case; that there is no material to invoke the provisions of Gangster Act and Anti Social Activities (Prevention) Act, 1986; that in the Gang Chart, four cases-Case Crime No. 316 of 2018 under Section 356 and 411 of IPC, Case Crime No. 330 of 2018 under Section 41, 411, 413, 414, 419, 420, 467, 468, 471 of IPC, Case Crime No. 292 of 2018 under Section 457, 380, 411 of IPC and Case Crime No. 297 of 2018 under Section 393, 504, 506, 427 and 307 of IPC were shown against the applicant and in these cases he has already been granted bail, copies of which have been filed along with present application and that there is no other criminal history against the applicant. It is further argued that the applicant is in jail since last two months and that in case applicant is enlarged on bail, the applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Rustam involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
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.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 30.5.2019 Mohit Kushwaha