In this bail application under the U.P. Gangsters and Anti Social Activities (Prevention) Act, the court released the applicant on personal bond and two sureties, citing lack of flight risk, no evidence of tampering, and gang chart precedents.
Release on bail with personal bond and two sureties subject to conditions.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16924 of 2019
Applicant :- Farman Opposite Party :- State Of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard Sri Radhey Shyam Yadav, learned counsel for the applicant, learned AGA for the State and perused the record.
Applicant- Farman seeks bail in Case Crime No. 16 of 2019, under Section 3(1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Jahanganj, District- Farrukhabad.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. It is next contended that as per gang chart two cases alleged to have shown against the applicant, in which he has been granted bail, copy of the bail orders annexed as Annexure 3 to this affidavit. It is next contended that there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that the applicant is in jail since 14.03.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. The criminal history of the applicant has been explained in paragraph 4 of the affidavit.
Per contra, learned AGA has opposed the prayer for bail to the applicant but admitted the fact that applicant has been granted bail in the aforementioned cases shown against him in the gang chart and could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, 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 case for bail.
Let applicant Farman be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 23.4.2019 V.S.Singh
1 issue framed by the court
Whether the applicant has made out a case for bail considering the nature of the offence and evidence.
1 provisions across 1 enactments
Farman
Ghandikota Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
