Single judge allowed bail application filed by Ram Prasad Turha in a case under Uttar Pradesh Gangsters and AntiSocial Activities Act, directing release on personal bond and sureties subject to conditions.
Release on bail on personal bond and two reliable sureties subject to conditions.
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Court No. - 23
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12676 of 2019
Applicant :- Ram Prasad Turha Opposite Party :- State Of U.P. Counsel for Applicant :- Shyamu Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Shri Shyamu Shukla, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
This bail application has been filed by the accused-applicant Ram Prasad Turha, who is involved in Case Crime No. 1277 of 2017, under Section 3(1) Uttar Pradesh Gangsters and AntiSocial Activities (Prevention) Act, 1986, Police Station GRP, District Gorakhpur.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case for the purpose of harassment. False and fabricated prosecution story has been concocted by the police. He further submitted that in the gang chart three cases are shown against the accused-applicant, in all the cases he has been released on bail. Applicant is in jail since 12.02.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case and rival contention of learned counsel, without commenting upon the merit of the case, I am of the opinion that the applicant is entitled to be released on bail.
Accordingly, bail application is allowed.
Let applicant Ram Prasad Turha be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 28.3.2019 I.A.Siddiqui
1 issue framed by the court
Whether the applicant is entitled to be released on bail in the instant case.
Ram Prasad Turha
Rajendra Kumar-IV
As recorded by the court registry
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