Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11281 of 2018 Applicant :- Vijay Tiwari Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Ashutosh Pandey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Vijay Tiwari, who is involved in Case Crime No. 177 of 2017, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986 Police Station - Chhatta, District - Agra.
It is contended by learned counsel for the applicant that the applicant has been falsely implicated in the present case. No offence, whatsoever, is made out against the applicant, who is innocent. Absolutely vague and bald allegations have been levelled against him. There are two cases shown in the gang chart at Case Crime Nos. 82 of 2017 and 113 of 2017 in which he is on bail. Copy of bail orders have been collectively annexed at Annexure No. 3 of the affidavit appended to the bail application. The applicant has no other criminal history. He undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 16.06.2017.
Per contra, learned A.G.A. has opposed the prayer for bail.
There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Vijay Tiwari be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 28.3.2018 I. Batabyal