Single judge bail application in a gangster case. Bench granted bail to the applicant conditioned to furnish personal bond and two sureties, prohibiting tampering with evidence and engagement in unlawful activities.
Released on bail in Crime No. 99 of 2022 on furnishing personal bond and two sureties subject to specific conditions.
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Neutral Citation No. - 2023:AHC:102698
Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14861 of 2023
Applicant :- Shahnazar Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The submission of the learned counsel for the applicant is that the accused applicant is in jail since 13.02.2023. In the gang chart five cases have been shown against the accused applicant and in all case the accused applicant has already been released on bail and the bail orders are annexed as Annexure no. 3 to the affidavit filed in support of the bail application. Further submission is that accused applicant has no other criminal history and he is prepared to furnish sureties and bonds and there is no possibility of his either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that he will not misuse the liberty of bail, if granted and cooperate in trial.
Learned A.G.A. has vehemently opposed the prayer of bail. He has however not disputed the aforesaid facts.
Upon hearing the submissions made by learned counsel of both sides, considering the facts and circumstances of the case and without commenting on the merits of the case, I find it to be a fit case for bail.
Let applicant Shahnazar be released on bail in Case Crime No. 99 of 2022, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Sardhana, District Meerut, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner
whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 3.5.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is fit for bail considering the circumstances of the case.
Shahnazar
State of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
