Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23081 of 2019 Applicant :- Vivek Kushwaha And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Kushwaha,Muneshwar Singh Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Supplementary affidavit filed today on behalf of the applicants is taken on record.
Heard learned counsel for the applicants as well as Sri J.K. Upadhayay, learned AGA for the State and perused the material placed on record.
Applicants- Vivek Kushwaha and Rajendra Kaur seek bail in Case Crime No. 15 of 2019, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station- Nagina, District- Bijnor.
It is argued by the learned counsel for the applicants that according to the gang chart the applicant no. 1 is said to have been involved in only one criminal case, in which he has already been enlarged on bail by the court concerned, copy of the bail order has been annexed as Annexure-SA-1 to the supplementary affidavit filed in support of the bail application and applicant no. 2 is said to have been involved in only one criminal case, in which he has also been granted bail by the court concerned, copy of the bail order has been annexed as Annexure-3 to the affidavit accompanying the bail application. They have falsely been implicated in the present case due to police rivalry. They are not members of any gang. It has been further submitted that there is nothing on record to show that applicants have gained any undue temporal pecuniary material for themselves or any other person by Gangster and Anti Social Activities acts. It is also submitted that there is no report of District Magistrate/Special Court on record regarding acquisition of any movable or immovable property by the applicants. It was next submitted that the provisions of the Act has been used against the applicants like a weapon to harass and intimidate the innocent applicants. There are no chance of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants are languishing in jail since 05.01.2019. If they are enlarged on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the applicants are member of gang and habitual of committing crime. In case the applicants are released on bail they will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits, let the applicant, Vivek Kushwaha and Rajendra Kaur involved in aforesaid case crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 V.S.Singh