Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22659 of 2019 Applicant :- Shalu Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Shalu Khan with a prayer to release him on bail in Case Crime No. 1351 of 2018, under Sections 3(1) U.P. Gangster and Anti-Social Activities (Prevention) Act, Police Station Chakeri District- Kanpur Nagar, during pendency of trial.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in five criminal cases in which he has already been enlarged on bail by the court concerned. The applicant has falsely been implicated in the present case due to police rivalry. The applicant is not a member of any gang. The applicant is languishing in jail since 12.9.2018 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Without expressing any opinion on the merits of the case, let the applicant Shalu Khan 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 by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above 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 :- 29.5.2019 Ruchi Agrahari