Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20134 of 2018 Applicant :- Virendra @ Veeru Opposite Party :- State Of U.P.
Counsel for Applicant :- Pankaj Sharma Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Srivastava,J.
Heard Shri Pankaj Sharma, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that applicant is not named in the F.I.R., he has been implicated subsequently on the basis of recovery which has not been made in presence of any independent witness. It is further submitted that co-accused Sandeep having similar role has been granted bail by another Bench of this Court vide order dated 16.05.2018 in Criminal Misc. Bail Application No. 18221 of 2018, and in view of this, applicant is also entitled to bail on the ground of parity. It is further submitted that applicant has no other criminal history to his credit prior to registration of the present F.I.R. It is further submitted that applicant is in jail since 19.02.2018 and he undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer and submitted that in view of recovery made and section 2/3 of the Gangster Act being slapped, applicant does not deserve bail.
Having heard the submission of learned counsel of both sides, considering the facts and circumstances of the case, nature of accusation against the applicant and without commenting on merits of the case, I find it to be a case of bail.
Let applicant Virendra @ Veeru be released on bail in Case Crime No. 79 of 2018, under Sections 392, 411 I.P.C. and 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Chhata, District Mathura, 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 and will not harm or harass the victim/complainant in any manner whatsoever.
(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 :- 30.5.2018 /Bhanu