Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36232 of 2018 Applicant :- Subhan Ali And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicants that according to gang chart, two cases had been shown against accused applicants and in one case Crime No. 223 of 2017, they are on bail and in one case in Van Range No. 04/17-18, has wrongly been shown against the applicants in the gang chart. The applicants have been falsely implicated in the present case. They are languishing in jail since 23.5.2018 (more than four months) and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the gang chart.
Learned A.G.A. opposed the prayer for bail and admitted that there is no criminal history against the applicants except the gang chart and further he could not dispute the aforesaid fact as argued by learned counsel for the applicants.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Subhan Ali and Gautam involved in Case Crime No. 67 of 2018, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Mandawali, District - Bijnor be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 A. Singh
Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36232 of 2018 Applicant :- Subhan Ali And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Learned counsel for the applicants submits that in Van Range Nos. 04/17-18 has wrongly been shown against the applicants in the gang chart.
Call for a report from Superintendent of Police/ Senior Superintendent of Police, Bijnor to explain as to why and under what circumstances, above-said case has wrongly been shown against the applicants, by filing his personal affidavit on or before the date fixed.
List this matter on 24th October, 2018 at 4.15 p.m. in the Chamber.
Copy of this order be provided free of cost to Sri C.P. Singh, learned A.G.A. within 24 hours for compliance.
Order Date :- 25.9.2018 A. Singh