Single judge allowed bail to the applicant charged under Sections 2/3 of the U.P. Gangster and Anti-social Activities Act. The applicant furnished a personal bond and sureties under stipulated conditions.
Release on bail on a personal bond and two sureties.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12363 of 2019
Applicant :- Akshay Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 217 of 2019, under Sections 2/3 U.P. Gangster and Anti-social Activities (Prevention) Act, 1986, P.S. Kotwali Shamli, District- Shamli, is seeking enlargement on bail during the trial.
It is contended by learned counsel for the applicant that according to gang chart annexed as Annexure no.1 with the bail application, two cases have been shown against the applicant and the applicant has been granted bail in all the above cases. The bail orders dated 8.2.2019 and 13.2.2019 of the aforesaid cases, in which, the applicant has already been enlarged on bail, appended with the bail application of the applicant. It is next contended that the applicant has been falsely implicated in the present case. The applicant is languishing in jail since 22.09.2018 and the applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and cooperate in trial.
Learned AGA could not dispute the aforesaid facts advanced by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Akshay Kumar , be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 27.3.2019 AK Pandey
1 issue framed by the court
Whether the applicant is entitled to enlargement on bail during trial
1 provisions across 1 enactments
Akshay Kumar
Sanjay Kumar Singh
As recorded by the court registry
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