This order grants bail to Rishipal in a crime case under the U.P. Gangster and Anti Social Activities Act, 1986. The court considered the nature of evidence and other factors before permitting release on personal bond and two sureties.
Release of the applicant on bail by furnishing a personal bond and two reliable sureties of the like amount.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43678 of 2020
Applicant :- Rishipal Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Learned counsel for the applicant prays for and is permitted to make necessary corrections in the memo of bail application during course of the day.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant, Rishipal, who is involved in Case Crime No. 675 of 2019, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Sector-20 Noida, District- Gautambudh Nagar.
Learned counsel for the applicant has submitted that in the gang chart five cases have been shown against the applicant and in all the cases applicant is on bail. Copies of the bail orders have been collectively annexed as Annexure-3 to the affidavit. It has also been submitted that the applicant is not involved in any anti social activities and he has been falsely implicated. The copy of the gang chart has been annexed as Annexure-2 to the affidavit. The accused-applicant is in jail since 20.09.2018.
Learned A.G.A. has opposed the prayer for bail.
Considering and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant, Rishipal , 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 with the following conditions.
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) 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, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 15.12.2020 Prajapati
1 issue framed by the court
Whether the applicant is entitled to bail in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
Rishipal
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
