Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23232 of 2019 Applicant :- Vishal Dubey Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Kumar Tewari,Sanjay Pathak Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
This bail application has been moved by the accused- applicant, Vishal Dubey, who is involved in Case Crime No. 249 of 2018, under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Sarayenayat, District- Allahabad.
Learned counsel for the applicant has submitted that the gang chart reveals that the applicant was implicated in three cases and, therefore, he was implicated under the Gangsters Act. The counsel for the applicant submits that so far as the Case Crime No. 27 of 2018 and Case Crime No. 579 of 2017 are concerned, the applicant had been bailed out. However, vis-a-vis Case Crime No. 237 of 2013, learned counsel for the applicant has stated, neither has the applicant been named in the first information report nor has any charge been framed against him by the Court. The allegation has been made in paragraph 12 of the affidavit filed in support of the bail application. It is further contended that if the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. vehemently opposed the prayer of bail. However, he does not dispute the fact that applicant has been granted bail in the cases mentioned in the gang- chart.
Upon hearing learned counsel and upon the perusal of the record and also after considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant, Vishal Dubey, be released on bail in Case Crime No. 249 of 2018, under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- Sarayenayat, 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 and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the 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 activity.
(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 :- 25.6.2019 praveen.