Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18410 of 2019 Applicant :- Tahir Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Counter affidavit filed today be kept on record.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
This bail application has been moved by the accused- applicant, Tahir Khan, who is involved in Case Crime No.
171 of 2019, under Section 3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Ganj, District- Rampur.
The gang-chart reveals that the applicant was being sought to be tried under the Gangsters Act on account of a case being Case Crime No. 628 of 2018 under Sections 364/302/201/34 of the I.P.C. The record reveals that the applicant has been bailed out on 26.4.2019 in the relevant case. So far as the criminal history of the applicant is concerned, he was involved in 41 cases prior to the Case Crime No. 628 of 2018 and in paragraph 9, 10 and 11 of the affidavit it has been stated that in all the cases the applicant has been acquitted. No specific reply has been given in paragraph 8 of the counter affidavit which has been filed by the learned AGA today. It is further submitted that there is no chance of the applicant fleeing away from the judicial process or of tampering with the prosecution evidence. It is further contended that the applicant is in jail since 19.3.2019 and if he is released on bail, he 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 applicant has been granted bail in the case mentioned in the gang-chart.
Upon hearing learned counsel and upon the perusal of the record and also after 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 applicant, Tahir Khan, be released on bail in Case Crime No. 171 of 2019, under Section 3(1) of the Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Ganj, District- Rampur 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 applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant 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 applicant will not indulge in any unlawful activity.
(iv) The applicant 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 applicant to prison.
Order Date :- 25.6.2019 praveen.