Single bench approved a bail application for four applicants facing charges under the U.P. Gangster and Anti Social Activities Act. The court considered their custody since 2018 and lack of criminal history.
Applicants Moti, Mangal, Seva Singh and Dharmendra to be released on bail under Sections 2/3(1) U.P. Gangster Act on personal bond and two sureties.
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Court No. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17156 of 2019
Applicant :- Mot1 And 3 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
Learned counsel for applicants contended that there are 5 cases shown in the gang chart against applicants, and in all cases all the applicants are on bail, vide bail orders collectively filed as Annexure no.2 to the affidavit; that applicants were also falsely implicated in Case Crime No.229 of 2019 under Sections 457, 380 and 411 I.P.C. in which also they have been granted bail, vide bail order dated 12.2.2019 filed at page 42 annexed as Annexure-2 to the affidavit; that applicants have no criminal history; that applicants undertake that they will not misuse the liberty of bail; that applicants are in custody since 18.11.2018.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicants Moti, Mangal, Seva Singh and Dharmendra be released on bail in Case Crime No.22 of 2019, under Sections 2/3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Ubhaow, District Ballia, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicants 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 applicants will not indulge in any unlawful activities.
(iv) The applicants 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.
Order Date :- 24.4.2019
VS
1 issue framed by the court
Whether the applicants are entitled to bail in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Moti and 3 Others
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
