This single-judge criminal miscellaneous bail application allowed the applicant's prayer for release on personal bond and two local sureties in a case under the UP Gangsters (Prevention) Act, 1986.
The applicant was ordered released on bail on furnishing a personal bond and two local sureties each in the like amount.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48603 of 2020
Applicant :- Vinay Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Shivajee Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Vivek Rastogi, learned AGA for the State.
The applicant seeks bail in Case Crime No.682 of 2020, under Section 2/3 of the UP Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Naini, District Prayagraj.
It is contended by learned counsel for the applicant that according to the gang chart, copy of which has been filed as Annexure-2 to the affidavit, only one case is pending against the applicant, in which the applicant has already been enlarged on bail, photocopy of which is filed as Annexure- 3 to the affidavit. It is further contended that the applicant has been falsely implicated in the present case. It is next contended that the applicant is in jail since 14.04.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perused the material on record, without expressing any opinion on the merit of the case, let the applicant Vinay Nishad , involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 4.1.2021 Lbm/-
1 issue framed by the court
Whether bail should be granted to the applicant under Section 2/3 of the UP Gangsters and Anti Social Activities (Prevention) Act, 1986.
Vinay Nishad
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
