Criminal Miscellaneous Bail Application where the applicant charged under Sections 2/3 U.P. Gangster Act and other Sections was granted bail by the Court No. 22 on furnishing a personal bond and two sureties.
Release of the applicant Mohd. Amir on bail on furnishing a personal bond and two sureties in the like amount.
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Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7812 of 2019
Applicant :- Mohd. Amir Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
This bail application has been preferred by the accusedapplicant, who is involved in Case Crime No. 14 of 2019 under Sections 2/3 U.P. Gangster Act and Anti Socialism Act, 1986 Police Station Civil Line, District Aligarh.
Learned counsel for the applicant submitted that three cases have been shown against the applicant in the gang chart, i.e., Case Crime No. 795 of 2018 under Sections 379, 411 I.P.C; Case Crime No.797 of 2018 under Section 379, 411; and Case Crime No. 803 of 2018 under Section 4/25 Arms Act. In all these three cases, the applicant has already been granted bail by the court below. Copy of the bail orders have been annexed as Annexure No.3 to the affidavit filed in support of the application. Further submission is that the applicant is not involved in case registered at Police Station Quarsi, District Aligarh as Case Crime No. 1057 of 2017 under Section 452, 506 I.P.C. and 7/8 POCSO Act, but in that case, some other person of similar name is involved. The applicant is neither the leader nor member of the gang but he has been falsely implicated under Gangster Act. He is in jail since 15.1.2019 and if he is granted liberty, he will not misuse the same.
Learned A.G.A. has vehemently opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Mohd. Amir involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 29.5.2019 Ram Murti
3 issues framed by the court
Whether bail should be granted to the applicant charged under the U.P. Gangster Act and other Sections.
Whether the applicant, who is not a gang member and was falsely implicated, is entitled to bail.
Whether the conditions of personal bond and two sureties suffice for the release of the applicant.
4 provisions across 4 enactments
Mohd. Amir
Umesh Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Umesh Kumar
Parties & counsel
