Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9226 of 2018 Applicant :- Sanjay Alias Bhellar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Supplementary affidavit filed today by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 1546 of 2016, under Section 3(1) U.P. Gangster Act, P.S. Munderwa, District Basti.
Learned counsel for the applicant contended that as per the gang chart, there are four cases shown against the applicant and in all of them he has already been enlarged on bail and the bail orders are brought on record. Apart from those cases, in some cases, he has been acquitted and in others he has been enlarged on bail. It is further contended that the applicant is languishing in jail since 25.08.2016.
On contrary, learned AGA opposed the prayer for bail but could not controvert the fact of bail orders which have been brought on record regarding four criminal cases.
Considering the facts and circumstances of the case and the argument advanced by learned counsel for the applicant but at the same time without going into the merits of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Sanjay Alias Bhellar involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, the State will be at liberty to move for cancellation of bail.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 29.3.2018 IrfanUddin