The Single Judge granted bail to the applicant in a case under the UP Gangsters Act, releasing him on a personal bond and two sureties subject to standard conditions.
Released on bail upon furnishing a personal bond and two reliable sureties subject to specific conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19385 of 2019
Applicant :- Raghvendra Singh @ Bari Opposite Party :- State Of U.P. Counsel for Applicant :- Lallan Prasad Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard Sri Lallan Prasad, learned counsel for the applicant, Sri Prem Shankar Prasad, learned A.G.A. for State and perused the material available on record.
This bail application has been filed by the accused-applicant Raghvendra Singh @ Bari, who is involved in Case Crime No.0142 of 2018, under Section 3(1) Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Sikandara, District Kanpur Dehat.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case for the purpose of harassment, therefore, false and fabricated prosecution story has been set up by the police. He further submitted that three cases have been shown in gang chart against the accused-applicant in which he has been granted bail. Applicant is in jail since 9.4.2018. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail and without commenting upon the merit of the case, I am of the opinion that the applicant is entitled to be released on bail.
Accordingly, bail application is allowed .
Let applicant Raghvendra Singh @ Bari be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 12.9.2019 Manoj
1 issue framed by the court
Whether the applicant is entitled to be released on bail regarding the complaints under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Raghvendra Singh @ Bari
State Of U.P.
Rajendra Kumar
As recorded by the court registry
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