The High Court granted bail to the applicants accused under the Uttar Pradesh Gangsters and Anti-Social Activities Act, 1986, directing the release on bail with personal and surety bonds subject to standard conditions.
Release of applicants on bail with personal bond and two reliable sureties subject to specified conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33316 of 2019
Applicant :- Rajesh Bhardwaj And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ashwani Kumar Sachan,S B Singh,Saurabh Sachan Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, learned A.G.A. for State and perused the material available on record.
Accused-applicants, involved in Case Crime No. 115 of 2018, under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Ecotech 1st, District Gaautam Budh Nagar, applied for bail.
Learned counsel for the applicants submits that applicants have been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicants committed no offence. A false and fabricated story has been set up by the police. He further submits that in the case shown in gang chart against the accused-applicants, they have been released on bail. Applicants are in jail since 25.7.2019. It is further submitted that there is no possibility of the applicants fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, they 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 applicants and submitted that applicants are member of gang, having one case against them, as shown in gang chart.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicants in jail, severity of punishment in case of conviction, number of cases shown in gang chart and without commenting upon the merit of the case, applicants deserve bail.
Accordingly, bail application is allowed .
Let applicants Rajesh Bhardwaj and Mohd. Amamul Haq be released on bail in the aforesaid case crime on their furnishing a personal bond and two reliable sureties and filing an
undertaking 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.
However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment. Order Date :- 20.9.2019
Manoj/Akram
1 issue framed by the court
Whether the applicants are eligible for bail in a prosecution under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Rajesh Bhardwaj
Mohd. Amamul Haq
Rajendra Kumar-IV
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
