Court No. - 81
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39969 of 2021 Applicant :- Satish @ Kaku Opposite Party :- State of U.P. Counsel for Applicant :- Sukrampal Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A and gone through the record.
This bail application has been moved on behalf of accused-applicant- Satish @ Kaku, who is involved in case crime no. 47 of 2021 under Section 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station- Binoli, District- Baghpat.
Learned counsel for the applicant submits that he is innocent and has falsely been implicated; that two criminal cases are shown in the gang chart and in all the cases he has been provided bail, copy of the gang chart and bail orders are annexed to the affidavit accompanying this bail application; that the applicant is neither a member of any gang nor involved in any anti social activity; that the applicant is languishing in jail since 09.02.2021. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A has opposed the prayer for bail. However, granting bail to the accused applicant in all cases as shown in the gang chart is not disputed.
Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without touching the merits of the case in my opinion the accused applicant is entitled for bail.
Let the above mentioned applicant involved in aforesaid crime 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 with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. In case of breach of any of the conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.12.2021//Fhd