This is a bail application by Vishal alias Mintu accused of gang-related offenses. The court granted bail, subject to conditions prohibiting tampering with witnesses, the existence of sureties, and a personal bond.
Bail granted on furnishing personal bond and two sureties with specific conditions regarding witness tampering and criminal activity.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16339 of 2019
Applicant :- Vishal @ Mintu Opposite Party :- State Of U.P. Counsel for Applicant :- C.D.Mishra,Narendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in four criminal cases in which he has already been enlarged on bail by the court concerned. He has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is not a previous convict. The applicant is languishing in jail since 11.1.2017 and in case he is enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Without expressing any opinion on the merits, let the applicant Vishal alias Mintu, involved in case crime No. 22 of 2017, under Section 2/3 of U.P. Gangster Act, PS Charthawal, district Muzaffar Nagar be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence
proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.7.2019 Ishrat
1 issue framed by the court
Whether the applicant charged under the U.P. Gangster Act should be released on bail.
Vishal @ Mintu
State Of U.P.
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
