The court granted bail to the applicant, a gangster case accused, on a personal bond and sureties. The order included strict conditions regarding witness tampering, trial participation, and prohibition of future crimes.
Allowed bail for applicant on personal bond and two sureties, subject to execution of bond and fulfillment of specified conditions.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2991 of 2021
Applicant :- Raju @ Rajkumar Opposite Party :- State of U.P. Counsel for Applicant :- Rajpal Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today be taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State.
It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case and he has not committed the alleged offence. It is further submitted that two cases have been shown against the applicant in the Gang Chart and in the said cases, the applicant has been granted bail, copies of the bail orders have been annexed as Annexure-3 to the affidavit filed in support of bail application. There is criminal history of one more case of the applicant in which he has already been granted bail. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since .10.10.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Raju @ Rajkumar , involved in Case Crime No. 0614 of 2020, under Section- 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station- New Agra, District -Agra, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfilment of following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 22.1.2021 Sartaj
1 issue framed by the court
Whether the applicant is entitled to bail under the Gangsters Act considering his false implication and lack of flight risk.
Raju @ Rajkumar
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
