Criminal Misc. Bail Application filed by Imran Alias Manna accused under U.P. Gangster & Anti Social Activities (Prevention) Act. Jail woman on custody. Court allowed bail by treating factors such as co-accused bail and gravity of offence.
Released on bail with personal bond and two sureties each subject to conditions.
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Court No. - 31
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13182 of 2018
Applicant :- Imran Alias Manna Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.
This bail application has been preferred by the accused applicant, Imran Alias Manna, who is involved in case crime no.213 of 2017, under Section 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Biharigarh, District Saharanpur.
Learned counsel for the applicant submitted that the applicant has falsely been implicated in this case. He has not committed any offence as alleged in the F.I.R.
He further contended that the applicant has criminal history of 11 cases which have been explained in para-6 of the bail application. He is on bail in all the cases.
It is further submitted that the co-accused Umardaraj urf Umar and Jamalu having identical role have already been granted bail by other Bench of this Court vide orders dated 17.04.2018 and 16.01.2018.
Lastly he submitted that the applicant is in custody since 05.09.2017 and he undertakes that he will not misuse liberty of bail, if he is released on bail.
On the other hand, learned A.G.A. vehemently opposed the prayer for bail but does not contradict that the co-accused Umardaraj urf Umar and Jamalu have already been granted by other Bench of this Court.
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.
Let applicant Imran alias Manna be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the court below would be at liberty to cancel the bail without any reference to this Court.
Order Date :- 24.5.2018
Asha
1 issue framed by the court
Whether to grant bail to the applicant accused under Section 2/3 of U.P. Gangster & Anti Social Activities (Prevention) Act.
1 provisions across 1 enactments
Imran Alias Manna
State Of U.P.
Chandra Dhari Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
