The court allowed bail to the applicant, who was in jail for over three months in cases under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, subject to conditions including furnishing a personal bond and sureties.
Release on bail with a personal bond and two sureties subject to conditions.
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Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39662 of 2018
Applicant :- Vishram Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Bhaiya Ram Maurya, Sri Narendra Kumar Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Parcha of Sri Narendra Kumar Maurya, learned counsel on behalf of applicant and supplementary affidavit filed today are taken on record.
Heard Sri Narendra Kumar Maurya, learned counsel for the applicant and learned AGA for the State, and perused the record.
It is submitted by learned counsel for the applicant that apart from two cases shown in the FIR, applicant has three cases against him in which is he is on bail. He is languishing in jail since 14.8.2018(more then three months) and in case he is released on bail, he 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 against him.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 applicant has made out a case for bail. The bail application is allowed.
Let applicant Vishram Singh involved in Case Crime No. 425 of 2018, under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Kuraoli, District Mainpuri 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:-
2.The applicant will not pressurize/ intimidate the prosecution witness.
3.The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The applicant shall not directly or indirectly make any inducement, 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 breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 20.11.2018
P.P.
1 issue framed by the court
Whether the applicant is eligible for bail under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Vishram Singh
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
