Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46408 of 2017 Applicant :- Vinod And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Vidya Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that according to gang chart one case shown against each of the accused applicants. The applicants are on bail in cases shown in the gang chart. The applicants have been falsely implicated in the present case. There are no credible evidence against them. They are languishing in jail since 22.09.2017 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Vinod and Pari Vishwas involved in Case Crime No. 1031 of 2017, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Indirapuram, District - Ghaziabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
iv) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicants shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant 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, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 28.11.2017 A. Tripathi