In Criminal Miscellaneous Bail Application No. 4010 of 2018, the court found it a fit case to enlarge the accused Shiv Prasad on bail under the U.P. Gangster Act, noting lack of evidence regarding violent activity.
Accused released on bail on furnishing a personal bond and two reliable sureties.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4010 of 2018 Applicant :- Shiv Prasad Opposite Party :- State Of U.P. Counsel for Applicant :- Yogesh Kumar Srivastava,Noor Muhammad Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Shiv Prasad, who is involved in Case Crime No. 815 of 2017, under Section 2/3 of U.P. Gangster Act, Police Station - South, District - Firozabad.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. No offence, whatsoever, is made out against the applicant, who is innocent. Absolutely vague and bald allegations have been levelled against the applicant. There are one case against the applicant in Case Crime No. 317 of 2017 shown in the gang chart, on which he is on bail. Copy of bail order has been annexed at Annexure No. 3 of the affidavit appended to the bail application. The applicant was not named in Case Crime No. 317 of 2017. The applicant has no other criminal history. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 10.09.2017.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he admitted the fact that there is only one case against the applicant in Case Crime No. 317 of 2017.
There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Shiv Prasad be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed.
Order Date :- 9.3.2018 I. Batabyal
2 issues framed by the court
Whether the instant bail application is maintainable and whether the applicant is entitled to bail under the facts and circumstances.
Whether there is evidence to show the applicant was involved in violence or intimidation with the object of disturbing public order.
Shiv Prasad
Umesh Chandra Tripathi
As recorded by the court registry
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