In a bail application under the U.P. Gangster Act, the court observed that the applicant had made out a case for bail despite the nature of the offences. Bail was granted subject to standard conditions.
Applicant released on personal bond and two sureties subject to conditions of not tampering with evidence or intimidating witnesses.
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Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41498 of 2018 Applicant :- Parichhit Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra Bhushan Prasad Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that according to gang chart, four cases had been shown against accused applicant and he is on bail. Criminal history of one case has been properly explained. The applicant has been falsely implicated in the present case. He is languishing in jail since 24.6.2018 (more than four 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 shown in the gang chart.
Learned A.G.A. opposed the prayer for bail and admitted that criminal history has been explained and further he 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 the applicant Parichhit involved in Case Crime No. 414 of 2018, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Jhinjhana, District - Shamli 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 :- 30.10.2018
A. Singh
1 issue framed by the court
Whether the applicant is entitled to be released on bail while in jail for more than four months.
1 provisions across 1 enactments
Parichhit
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
