Single judge granted bail to applicant Bhura under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, in a criminal case initiated on March 07, 2019, subject to personal bond, sureties, and specific conditions of conduct.
Released on bail with personal bond, one coercive order, and two sureties each in like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 40
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17180 of 2019
Applicant :- Bhura Opposite Party :- State Of U.P. Counsel for Applicant :- Anil Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Harsh Kumar,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
Learned counsel for applicant contended that there are 3 cases shown in the gang chart against applicant, and in all cases applicant is on bail, the bail orders are annexed as Annexure no.3 to the affidavit; that applicant has no criminal history; that applicant undertakes that he will not misuse the liberty of bail; that applicant is in custody since 07.03.2019.
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 applicant Bhura be released on bail in Case Crime No.752 of 2018, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Jhinjhana, District Shamli, 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 applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant 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 applicant will not indulge in any unlawful activities.
(iv) The applicant 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 case constitutes a fit case for bail
1 provisions across 1 enactments
Bhura
Harsh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
