Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33835 of 2019 Applicant :- Sachin Raj Singh @ Shyam Singh Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Mishra,Yogesh Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Chandra Shekhar Mishra, 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 five cases shown in the gang chart against the applicant and in all cases the applicant is on bail except the Case Crime No.120 of 2013, Section 147, 148, 323, 506, P.S. Handia, District- Allahabad. The bail orders are filed at Annexure No.4 to the affidavit. It has been contended that Case Crime No. 120 of 2013 has been wrongly shown in the gang chart, applicant is not involved in this case nor charge sheet has been submitted against him, copy of the F.I.R. and charge sheet have been annexed as Annexure No.3 to the affidavit. There is no material on record against the applicant to invoke the Provision of Gangster and Anti Social Activities (Prevention) Act 1986. Applicant has no criminal history except the present cases. Applicant is languishing in custody since 30.07.2019. In case, 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 opinion 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-Sachin Raj Singh @ Shyam Singh be released on bail in Case Crime No.793 of 2018 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S. Handia, District- Allahabad 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 :- 26.8.2019 Rahul.