Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30379 of 2019 Applicant :- Shubham Sharma Opposite Party :- State Of U.P.
Counsel for Applicant :- Neeraj Kumar Pandey,Ajay Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit filed today, is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 33 of 2019, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Statio Madan Mohan Gate, District-Agra with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case and that there was no material to invoke the provision of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 against the applicant. It was stated that in the gang chart, criminal history of only two cases was shown against the applicant, in which he has already been granted bail vide order dated 05.07.2018 passed by the learned Special Judge, Agra and order dated 25.01.2019 passed Additional Sessions Judge, Aligarh. It was further argued that in one more case in Case Crime No. 432 of 2018, he has already been granted bail by this Court vide order dated 11.01.2019 passed in Criminal Appeal No. 7092 of 2018. It has been further submitted that applicant is languishing in jail since 30.06.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Subham Sharma involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 T.S.