Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23938 of 2019 Applicant :- Sanjai Sahni @ Sanjai Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Chaudhary 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 record.
The present bail application has been filed by the applicant in Case Crime No. 0556 of 2018, under Sections 3(1) of U.P. Gangster And Anti-Social Activities (Prevention) Act, 1986, P.S Shahpur, District Gorakhpur with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicant is that the applicant has been falsely implicated in the present case due to ulterior motive; that there is no material against the applicant to invoke the provisions of U.P. Gangster and Anit Social Activities (Prevention) Act; that in the gang chart one case has been shown against the applicant but in that case he is already on bail, copy of which has been annexed as annexure no. 2 to the bail application; that in case, applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial and he is languishing in jail since 09.05.2019.
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.
Let the applicant Sanjai Sahni @ Sanjai Nishad involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the 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 :- 11.6.2019 Anand/A. Tripathi