Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24932 of 2019 Applicant :- Surendra And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicants and learned A.G.A. for the State respondent Learned counsel for the applicants has contended that in the gang chart, three cases have been shown against the applicants on the basis of which they have been falsely implicated in the present case. Learned counsel for the applicants has further contended that in the cases shown in the gang chart, the applicants have already been released on bail. Copy of the bail orders have been collectively filed as annexure No.2 to the affidavit. It is next contended that there are no chances of the applicants fleeing away from the judicial process or of tampering with the prosecution evidence. It is further contended that the applicants are in jail since 18.02.2019 and if they are released on bail, they will not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer of bail. However, he does not dispute the fact that applicants have been granted bail in the case mentioned in the gang-chart.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicants namely Surendra son of Ramphal & Surendra son of Ratan Singh be released on bail in Case Crime No.132 of 2019, under Section 3(1) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station G.R.P., District Kanpur Nagar on furnishing a personal bonds 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 and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicants will abide by the orders of the 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 activity.
(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 :- 25.6.2019 Ram Murti