Yasin v. State of U.P.

Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38400 of 2018 Applicant :- Yasin Opposite Party :- State Of U.P. Counsel for Applicant :- Sageer Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

Learned counsel for the applicant submitted that initially the accused was on bail and due to his absence, N.B.W. was issued on 16.9.2017 and he was arrested by the Police on 16.5.2018 till then he is languishing in jail (about six months); two cases of criminal history have been explained.

Learned counsel for the applicant submitted that neither the service of summon nor warrant of N.B.W. has been served on the applicant and, therefore, he could not appear before the Court; he is a poor person; the applicant is innocent and has been falsely implicated in the present case; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. One more opportunity be granted to the applicant.

Learned AGA opposed the prayer for bail.

Having regard to the facts and circumstances of the case and having considered the 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 bail application is allowed.

Let applicant Yasin involved in Case Crime No. 97 of 1997, under Section 2(B)(ii)/3 of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station Charthawal, District-Muzaffar Nagar 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: