Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40552 of 2019 Applicant :- Sanjay Nishad Opposite Party :- State Of U.P.
Counsel for Applicant :- Keshari Nandan Singh Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
It is submitted by the learned counsel for the applicant that two cases have been shown in the gang chart against the applicant out of which one is under sections 364A, 328, 342, 420, 323, 504, 506, 411 IPC and section 66/67 of Information Technology Act in which he has been granted bail and another case is under section 3/25 Arms Act which does not covered under the provision of gangster Act and on the basis of those cases the gangster Act has been slapped upon the applicant. The applicant is in jail since 4.4.2019.
Per contra, learned A.G.A opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Sanjay Nishad involved in Case Crime No. 126 of 2019, under Section 2 (B) (1)/3 of U.P. Gangster and Anti Social Activities ( Prevention) Act, 1986, P.S. Mahudaha, District Hamirpur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.9.2019 A.