Hon'ble Court granted bail to the applicant in a criminal case under U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, on furnishing a personal bond and two sureties, subject to specific conditions regarding evidence, witnesses, and court appearances.
Release on bail with personal bond and two local sureties upon stipulated conditions.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48728 of 2020
Applicant :- Awanish Kumar @ Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Vivek Chaubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard Sri Vivek Chaubey, learned Counsel for the applicant and Sri Vivek Rastogi, learned A.G.A. for the State respondents.
It is contended by learned Counsel for the applicant that according to the gang chart two cases have been shown against the applicant and in the said cases he has been granted bail, photo copy of bail orders have been annexed as annexure-3 to the affidavit filed in support of bail application. It is further submitted that apart from the aforesaid cases two criminal cases have also been registered against the applicant and in the said cases also he has been granted bail by the Court below, photo copy of the bail orders have been annexed as annexure S.A.-1 to the supplementary affidavit. It is also contented that the applicant was convicted in Sessions Trial No. 32 of 2012, under Section 376(g) I.P.C., P.S. Kotwali, district Bijnor and in the said case he has been granted bail. The photo copy of the bail order has also been annexed as annexure S.A.-2 of the supplementary affidavit. It is further submitted that the applicant is neither a member of any gang nor a gang leader and he has been falsely implicated in the present case due to ulterior motive and is in jail since 4.11.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as the averments made in the bail application.
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 Awanish Kumar @ Rinku involved in case crime no.249 of 2020, under Section 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986, P.S. Mandavar, District Bijnor be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
In case of default of any of the conditions enumerated above, the order granting bail shall automatically be vacated.
Order Date :- 12.1.2021 S.S.
1 issue framed by the court
Whether the applicant should be released on bail pending trial in a charge under Section 3(1) of U.P. Gangsters & Anti-Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Awanish Kumar @ Rinku
State of U.P.
Vivek Varma
As recorded by the court registry
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