In Criminal Misc. Bail Application No. 3523 of 2019, the Single Judge allowed bail to Anil Gurjar in a case involving sections 420, 467, 471, 413, 414, and 307 IPC, observing that the applicant had made out a case for bail despite pendency.
Applicant released on bail on personal bond and two reliable sureties of like amount subject to specific conditions.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3523 of 2019
Applicant :- Anil Gurjar Opposite Party :- State Of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Anil Gurjar seeking bail in Case Crime No. 276 of 2018, under Sections 420, 467, 471, 413, 414, 307 IPC, Police Station Mandi Dhanaura, District Amroha.
The contention as raised at the Bar by learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The further contention is that the present case is a no injury case. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 5.8.2018 and in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial. It has been pointed out that the criminal history of the applicant has been duly explained in paragraph no. 14 of the affidavit accompanying the bail application.
Per contra, learned AGA for the State has opposed the prayer for bail.
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 the applicant Anil Gurjar 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 :- 17.4.2019 V.S.Singh
2 issues framed by the court
Whether the applicant Anil Gurjar is entitled to bail in Case Crime No. 276 of 2018 under IPC Sections 420, 467, 471, 413, 414, 307.
Whether the allegations made against the applicant are false considering the no injury nature of the case.
Anil Gurjar
State Of U.P.
Ghandikota Sri Devi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
