Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31957 of 2019 Applicant :- Teepu @ Aitshaam Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Rishabh Kumar,Mohammed Asif Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Supplementary affidavit has been filed by learned counsel for applicant today in the Court, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for 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 two cases shown in the gang chart against the applicant and in both cases the applicant is on bail, bail orders have been annexed as Annexure-3 & 4 to the affidavit. Co-accused Hamja Salim and Mansoor Ahmad @ Tappa have been enlarged on bail by this Court passed in Criminal Misc. Bail Application Nos. 20529/19 & 24638/19 vide orders dated 21.05.2019 & 19.06.2019, copies of which have been collectively annexed as Annexure- 5 to the affidavit. There is a criminal history of one case against the applicant in which applicant is on bail, bail order has been filed at SA-1. 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 26.07.2019.
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.
Let the applicant Teepu @ Aitshaam Ali be released on bail in Case Crime No. 0131 of 2019 under section 2/3 of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Khuldabad, District- Allahabad 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.
Accordingly, the instant bail application is allowed. Order Date :- 21.8.2019 Sharad/-