The single judge ordered the release of the applicant, Mateen Khan, on bail in a case registered under the UP Gangster and Anti-Social Activities (Prevention) Act, 1986, subject to furnishing a personal bond and two sureties and complying with specific conditions.
Relief granted: Release on bail with personal bond and two sureties subject to specific conditions.
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Court No. - 33 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23309 of 2020 Applicant :- Mateen Khan Opposite Party :- State of U.P. Counsel for Applicant :- Matiur Rehman Khan Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard learned counsel for the applicant and learned AGA for the Staterespondent.
Learned counsel for the applicant has submitted that two cases have been shown against the applicant in the gang-chart and in all the cases, the applicant is on bail. Copy of the bail orders have been annexed as Annexure-3 & 4 to the affidavit filed in support of the bail application. It has also been submitted that the applicant is not involved in any antisocial activities and has been falsely implicated in the present case. The copy of the gang-chart has been annexed as Annexure-2 to the affidavit. He next submits that the applicant is in jail since 15.06.2020 and if he is released on bail, he will not misuse the liberty of bail.
Learned AGA for the State vehemently opposed the prayer of bail. However, he does not dispute the fact that the applicant has been granted bail in all the cases mentioned in the gang-chart.
Upon hearing the learned counsel for the parties and upon the perusal of the 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- Mateen Khan be released on bail in Case Crime No.104 of 2020 under Section 3(1) UP Gangster & Anti Social Activities (Prevention) Act, 1986, registered at Police Station-Salempur, DistrictDeoria, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(a) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complaint in any manner whatsoever.
(b) The applicant will abide by the orders of the court, attend the court on each and every date and he will not delay the disposal of trial in any manner whatsoever.
(c) The applicant will not indulge in any unlawful activity.
(d) 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 the 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 :- 28.8.2020 LN Tripathi
1 issue framed by the court
Whether this is a fit case to release the applicant on bail under the UP Gangster & Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Mateen Khan
State of U.P.
Vipin Chandra Dixit
As recorded by the court registry
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