Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24953 of 2019 Applicant :- Surendra Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjeev Kumar Khare Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
This is a bail application on behalf of the applicant Surendra in connection with Case Crime No. 45 of 2019, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Ajnar, District Mahoba.
The submission of learned counsel for the applicant is that two cases were mentioned in the gang-chart against the present accused and in all the cases he has already been enlarged on bail. He further submitted that other co-accused have already been enlarged on bail by another Benches of this Court in Criminal Misc. Bail Application No.20021 of 2019, Kallu Lodhi @ Kalicharan vide order dated 13.05.2019, Criminal Misc. Bail Application No.20509 of 2019, Dev Singh, vide order dated 16.05.2019, Criminal Misc. Bail Application No.18868 of 2019, Shiv Kumar, vide order dated 20.05.2019, Criminal Misc. Bail Application No.18609 of 2019, Nirbhai Yadav, vide order dated 31.05.2019. He submitted that the applicant is in jail since 19.04.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned AGA has opposed the bail plea. However, learned AGA does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the co-accused have been admitted to the concession of bail by another Benches of this Court, copy whereof have been produced by learned counsel for the applicant, are taken on record, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Surendra involved in Case Crime No.45 of 2019, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Ajnar, District Mahoba, be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence;
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cnacellation of bail before this Court.
Order Date :- 20.6.2019 R./