Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13937 of 2021 Applicant :- Shaukin Opposite Party :- State of U.P.
Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit has been filed by the learned counsel for the applicant and the same is taken on record.
Heard Sri Ajay Kumar Jagdish, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 04 of 2021, under Section 2/3 of Gangster Act and Antisocial Criminal Activities, Prevention Act, 1986, P.S. Chilkana, District Saharanpur, during pendency of the trial before the court below.
It is argued by learned counsel for the applicant that the applicant has been falsely implicated; the Gangster Act has been imposed against the accused applicant on the basis of four criminal cases which have been shown in the gang chart, in which he has been released on bail, copies of orders have been annexed at page no. 6 to 14 of the supplementary affidavit. It is further argued that besides these cases, the applicant has criminal history of one other cases which have been mentioned in paragraph no. 3 of the supplementary affidavit and in that cases the accused applicant has been released on bail. The copy of bail order has been annexed as annexure no. SA-2 of the supplementary affidavit. The applicant has no other criminal history and he is in jail since 10.01.2021, if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer for bail but could not controvert the aforesaid facts.
Looking to the aforesaid facts, quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Shaukin 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 :- 6.4.2021 VPS