Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40145 of 2019 Applicant :- Sher Singh @ Shera Naai Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard Sri Ashok Kumar Singh, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for applicant contended that the applicant is an innocent person and has been falsely implicated in this case. He further submits that three cases shown against the applicant in the Gang Chart as well as two cases also pending against the applicant i.e. Case Crime No. 159 of 2018, under Sections 302, 201, 394 I.P.C. & Case Crime No. 177 of 2018 under Section 307 I.P.C., and in all these cases applicant is on bail. He further submits that applicant has no previous criminal history, that after arresting the applicant the police implicated him in several cases, he is neither formed any gang nor member of any gang. He further submits that the applicant will not misuse the liberty of bail and he is in jail since 15.12.2018.
Per contra, learned A.G.A. has opposed the prayer for bail but does not dispute the aforesaid facts.
Considering the facts and circumstances of the case and without commenting upon the merits of the case, in my opinion, the applicant is entitled to be released on bail.
Let applicant-Sher Singh @ Shera Naai involved in Case Crime No. 233 of 2018, under Section 2/3 of U.P. Gangsters & Anti Social Activities (Prevention Act), 1986, Police Station- Mandrak, District-Aligarh, be released on bail on his executing a personal bond and on furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.9.2019 Vibha Singh