Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15199 of 2019 Applicant :- Sajid @ Gulbahar Opposite Party :- State Of U.P.
Counsel for Applicant :- C.D.Mishra,Chandra Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Counter affidavit has been filed in Court today. The same is taken on record.
Heard learned counsel for the applicant and learned AGA for the State respondent.
Learned counsel for the applicant has submitted that in the two cases mentioned in the gang-chart, the applicant has been bailed out. It has further been submitted that the criminal history of the other case, which is not mentioned in the gang-chart, has been duly explained in paragraph 8 of the affidavit. He next submits that the applicant is in jail since 16.3.2019 and if he is released on bail, he will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail.
Upon hearing the learned counsel for the parties and upon the perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstnaces, at this stage, without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant-Sajid @ Gulbahar be released on bail in Case Crime No. 43 of 2019 under Section 2/3 UP Gangster and Anti Social Activities (Prevention) Act, 1986, registered at P.S.- Kotwali Mandi, District-Saharanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complaint in any manner whatsoever.
(ii) The applicant will abide by the orders of the 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 activity.
(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 the 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 :- 25.6.2019 LN Tripathi