Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38776 of 2019 Applicant :- Zaleel Opposite Party :- State Of U.P.
Counsel for Applicant :- Prabhakar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Prabhakar Dubey, learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. There is a single case shown in the gang chart against the applicant and in that case the applicant is on bail, bail order has been collectively annexed as Annexure-3 to the affidavit. There is no material on record against the applicant to invoke the provision of Uttar Pradesh Gangsters and Anti Social Activities (Prevention) Act 1986. The applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 04.07.2019.
Learned counsel for the applicant further submits that apart from the case mentioned in the gang chart, there is another case against the applicant, in which he was also enlarged on bail. Copy of the bail order pertaining to the second criminal Misc. Application pending against applicant, but not mentioned in the gang chart is available on record at page 18 of the paper book.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Zaleel be released on bail in Case Crime No. 106 of 2019, under section 3(1) U. P. Gangsters and Anti Social Activities (Prevention) Act, 1986 Police Station and District- Siddharth Nagar, 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.
(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.
Accordingly, the instant bail application is allowed.
Order Date :- 26.9.2019 HSM