Single judge court admitted bail to Subash Lohar in a case under Section 3(1) of U.P. Gangster and Anti Social Activities Act, 1986, based on forthwith submissions that only one gang case was pending and another pending case had an expunged name and charge sheet submitted.
Applicant released on personal bond and two sureties pursuant to conditions.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44575 of 2020
Applicant :- Subash Lohar Opposite Party :- State of U.P. Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s) Subash Lohar who is involved in Case Crime No. 315 of 2020 under Section 3 (1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 P.S.- Parasrampur, DistrictBasti.
Learned counsel for the applicant submits that in the gang chart only one case has been shown against the applicant in which the applicant has been granted bail.
Learned A.G.A. opposed the bail application and contended that one more case is pending against the applicant although the same is not covered by the Gangster Act.
The supplementary affidavit which is filed today in para 4 it is deposed that the charge sheet has been submitted by the Investigating Officer and the name of the applicant has been expunged in Case Crime No. 122 of 2019, a copy of the charge sheet has been filed as annexure S.A.2.
On behalf of State bail has been opposed.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s) Subash Lohar 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 :- 16.12.2020 SKS
1 issue framed by the court
Whether the applicant Subash Lohar is eligible for bail under the Gangster and Anti Social Activities (Prevention) Act, 1986 pending charge sheet submission.
Subash Lohar
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
