The court granted bail to the applicant, Pramod Gupta, in a case under the U.P. Gangster Act. The applicant, who had previously moved for bail, was released on executing a personal bond and furnishing two sureties subject to specific conditions.
The applicant is released on bail by executing a personal bond and furnishing two sureties.
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Court No. - 51 Case :- CRIMINAL MISC. 2nd BAIL APPLICATION No. - 16839 of 2019 Applicant :- Pramod Gupta Opposite Party :- State Of U.P. Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vipin Sinha,J.
Heard Sri Pradeep Kumar, learned counsel for the applicant and Sri V. K. Pandey, learned AGA appearing for the State.
This second bail application moved on behalf of applicant praying to enlarge the applicant on bail in Case Crime No.584 of 2013, relating to Gangster Trial No. 02 of 2017, under Section 3(1) of U.P. Gangster and Antisocial Activities (Prevention) Act, 1986, Police Station Nichlaul, District Maharajganj.
This is the second bail application moved on behalf of the applicant. The first bail application was rejected vide order dated 10.11.2016 for want of prosecution and thus it is virtually the first bail application.
The contention of the counsel for the applicant is that as far as the only case in which he was involved is concerned, he has been granted bail, copy of the bail order has been annexed on page no.24 of the second bail application.
Sri V. K. Pandey, learned AGA appearing for the State has opposed the prayer for bail, but could not dispute the aforesaid fact as argued by the counsel for the applicant.
Keeping in view the reasons as stated above, the facts and circumstances of the case as have been discussed at the Bar of this Court, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.
The prayer for bail is granted. The application is allowed.
Let the applicant Pramod Gupta involved in the aforesaid case crime number be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
It is made clear that in case the witnesses are not appearing, the concerned court is directed to initiate necessary coercive measure for ensuring their presence. Order Date :- 2.8.2019/VKG
1 issue framed by the court
Whether to grant bail to the applicant under the U.P. Gangster and Antisocial Activities (Prevention) Act, 1986.
Pramod Gupta
Vipin Sinha
As recorded by the court registry
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