Heard learned counsel for the applicant and learned A.G.A. for State.
Applicant has moved the present bail application under Section 439 Cr.P.C, seeking bail in Case Crime No. 363 of 2016, under Section 2 (B) (ii) / 3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station - Kotwali Mandi, District - Saharanpur.
It has been contended by learned counsel for the applicant that as per gang chart three cases are alleged to have been shown against the applicant and the applicant has been granted bail copies of the same have been annexed as Annexure nos. 2, 3 & 4. It has been next contended that in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 29.10.2016.
Learned A.G.A. has opposed the prayer for bail.
After due consideration of the material evidence on record and without expressing any opinion on the merits of the case, it is deemed fit to enlarge the applicant on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant - Toni alias Bharat Bhushan involved in Case Crime No. 363 of 2016, under Section 2 (B) (ii) / 3 of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station - Kotwali Mandi, District - Saharanpur, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. That the applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. That the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, it is open to the opposite party to approach this Court for cancellation for bail.
Order Date :- 20.10.2016 Vinod.