Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33381 of 2019 Applicant :- Shiv Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Umendra Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Umendra Kumar Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that applicant is innocent and he has been falsely implicated in the present case. There are two cases shown in the gang chart against the applicant, in one case shown in the gang chart as Case Crime No.355 of 2018, the applicant is on bail, bail order is filed at Annexure No.3 to the affidavit and the second case shown in the gang chart as Case Crime No. 280 of 2018 neither the applicant is named in the F.I.R. nor the charge sheet has been filed against the applicant, copy of charge sheet has been annexed as Annexure No.4 to the affidavit. There is no material on record against the applicant to invoke the Provision of Gangster and Anti Social Activities (Prevention) Act 1986. Applicant has no criminal history. Applicant is languishing in custody since 14.07.2019. In case, the applicant is released on bail he will not misuse the liberty of bail.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument submitted by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant-Shiv Kumar be released on bail in Case Crime No.144 of 2019 under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S. Banda, District- Shahjahanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.8.2019 Rahul.