Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10316 of 2018 Applicant :- Waseem Opposite Party :- State Of U.P.
Counsel for Applicant :- Inder Pal Singh Tomar Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Inder Pal Singh Tomar, learned counsel for the applicant, learned A.G.A. Perused the record.
This bail application has been moved by the applicant Waseem who is involved in Case Crime No. 586 of 2017, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station-Khora, District-Ghaziabad.
Learned counsel for the applicant contended 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 the applicant. There are three cases against the applicant at Case Crime No. 447 of 2017 under Sections 457, 380, 411 IPC, Case Crime No. 448 of 2017 under Section 398, 401 IPC and Case Crime No. 453 of 2017 under Section 411, 414 IPC shown in the gang chart, on which he is on bail. Copy of bail orders have been annexed at Annexure No. 3, 4 and 5 of the affidavit appended to the bail application. Learned counsel for the applicant further contended that applicant is not named in any of the above cases shown in the gang chart and out of three cases, one case is of attempt to robbery. The applicant has no other criminal history. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 1.11.2017.
Per contra, learned A.G.A., has opposed the prayer for bail. However, he admitted the fact that there is criminal history of three cases against the applicant at Case Crime Nos. 447 of 2017, 448 of 2017 and 453 of 2017.
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-Waseem 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 :- 27.3.2018 Jaswant