Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11289 of 2018 Applicant :- Sachin Urf Gullu Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Mohd. Aslam learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused- applicant Sachin @ Gullu, who is involved in Case Crime No. 284 of 2016, under Section 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act, 1986 Police Station - Sarsawa, District - Saharanpur.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. No offence, whatsoever, is made out against him and is innocent. Absolutely vague and bald allegations have been levelled against him. There is one case against the applicant at Case Crime No. 70 of 2016 under Sections 457, 380, 411 IPC, Police Station - Sarsawa, District - Saharanpur shown in the gang chart, on which he is on bail. Copy of bail order has been annexed at Annexure No. 2 of the affidavit appended to the bail application. The applicant has no other criminal history. He undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 21.11.2016.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he admitted the fact that there is only one case against the applicant at Case Crime No. 70 of 2016.
There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Sachin @ Gullu be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 28.3.2018 I. Batabyal