The court allowed a bail application filed by Sanjay and Another under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986. The applicants were released on personal bond with sureties subject to specific conditions.
Release of applicants Sanjay and Dinesh on bail with personal bond and two sureties each.
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Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31731 of 2018 Applicant :- Sanjay And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Deepak Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicants that according to gang chart, five cases had been shown against accused applicants and they are on bail. The applicants have been falsely implicated in the present case. They are languishing in jail since 30.7.2018 (21 days) and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the gang chart.
Learned A.G.A. opposed the prayer for bail and admitted that there is no criminal history against the applicants except the gang chart and further he could not dispute the aforesaid fact as argued by learned counsel for the applicants.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Let the applicants Sanjay and Dinesh involved in Case Crime No. 116 of 2018, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Khanpur, District - Bulandshahar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2018//A. Singh
1 issue framed by the court
Whether the applicants are entitled to bail in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Sanjay And Another
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
