Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11838 of 2021 Applicant :- Sakib Opposite Party :- State of U.P. Counsel for Applicant :- Ch. Dil Nisar Counsel for Opposite Party :- G.A
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Vivek Rastogi, learned AGA for the State.
The applicant seeks bail in Case Crime No. 304 of 2020, under Section 2/3 of the UP Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Bargaon, District Saharanpur.
It is contended by learned counsel for the applicant that according to the gang chart, copy of which has been filed as Annexure-2 to the affidavit, only one case is pending against the applicant, in which the applicant has already been enlarged on bail, photocopy of the bail order is filed as Annexure-3 to the affidavit. It is also contended that the applicant is neither leader nor member of any gang and he has been falsely implicated in the present case. It is next contended that the applicant is in jail since 31.05.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Sakib, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 5.4.2021 Lbm/-