Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33466 of 2019 Applicant :- Tauhid Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Supplementary affidavit filed by learned counsel for the applicant in Court today, is taken on record.
Heard Sri Jagdish Prasad Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. There are four cases shown in the gang chart against the applicant and in all cases the applicant is on bail, three bail orders are filed as Annexure Nos.4, 5 and 6 to the affidavit and one other bail order is filed as S.A.1. Applicant has no criminal history. There is no material on record against the applicant to invoke the provision of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. The applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 01.07.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail. Accordingly, the instant bail application is allowed.
Let the applicant-Tauhid be released on bail in Case Crime No.302 of 2018 under section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986, P.S.-Titavi, District-Muzaffarnagar 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.
(ii) The applicant 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 applicant will not indulge in any unlawful activities.
(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 :- 26.8.2019 Rahul.