Court granted bail to two accused applicants in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, subject to personal bond, sureties, and conditions against criminal activity and witness tampering.
Release on bail with personal bond and two sureties subject to conditions regarding conduct and appearance.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47704 of 2020
Applicant :- Sanju and another Opposite Party :- State of U.P. Counsel for Applicant :- Maimoona Fatima Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicants, Sanju and Munesh Kumar @ Lalla, who is involved in Case Crime No. 147 of 2020, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S.- Gangiri, District- Aligarh.
Learned counsel for the applicant has submitted that in the gang chart three cases have been shown against the applicant no.1 and only one case has been shown against applicant no.2 and in all the cases both the applicants are on bail. Copies of the bail orders have been annexed as Annexures-3 to 6 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.
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 applicants, Sanju and Munesh Kumar @ Lalla , be released on bail in the aforesaid case crime number on their furnishing 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 Prajapati
1 issue framed by the court
Whether the accused applicants are entitled to bail in a case under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Sanju
Munesh Kumar @ Lalla
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
