Court No. - 59
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49516 of 2017 Applicant :- Talib Opposite Party :- State Of U.P.
Counsel for Applicant :- Sunil Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the material available on record.
Supplementary affidavit has been filed by learned counsel for the applicant today in the Court, which is taken on record.
This bail application has been filed by the applicant Talib seeking bail in Case Crime No. 331 of 2017, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Nagal, District Saharanpur.
Learned counsel for the applicant has submitted that as per the Gang Chart, only three cases have been shown against the applicant. The first Case Crime No. 283 of 2017, under Sections 307/34 IPC, the applicant has been directed to be released on bail vide order dated 14.09.2017. The second Case Crime No. 285 of 2017, under Section 3/25 Arms Act, the applicant has been directed to be released on bail vide order dated 14.09.2017. In third case, which has been shown to be registered vide Case Crime No. 255 of 2017, under Sections 379, 411, 420, 468, 471 IPC, after investigation, charge-sheet has been submitted only against Rahmat and Inzmam and on the surrender application of the applicant, police report has been submitted that the applicant is not wanted in the said case.
Learned counsel for the applicant has next submitted that the applicant is in jail since 28.08.2017, as such, he may be released on bail.
Learned AGA has vehemently opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Talib be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 23.3.2018 Nadim