Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33453 of 2019 Applicant :- Sunil Chaudhary And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Supplementary affidavit filed today by learned counsel for the applicants is taken on record.
Heard Sri Surendra Mohan Mishra, learned counsel for the applicants, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants contended that applicants are innocent and they have been falsely implicated in the present case. There are eight cases shown in the gang chart against the applicants and in those cases the applicants are on bail by the court below, photo copies of the bail orders have been annexed at Annexure No. 3 to 18 to the affidavit filed in support of the bail application and SA-1 of the supplementary affidavit. Applicant is languishing in custody since 30.12.18. 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 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-Sunil Chaudhary and Vishal @ Jahid Khan be released on bail in Case Crime No. 76 of 2019 under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Shohratgarh, District- District Siddharth Nagar 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 applicants will not tamper with prosecution evidence.
(ii) The applicants 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 applicants will not indulge in any unlawful activities.
(iv) The applicants 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 applicants to prison.
Order Date :- 22.8.2019 Rk