Criminal Miscellaneous Bail Application filed by Salman challenging his remand in a case under U.P. Gangster Act. Court found no reason to deny bail and granted release on personal bond with sureties subject to standard conditions.
Application allowed; applicant released on bail on furnishing personal bond and two sureties with specified conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59636 of 2022
Applicant :- Salman Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sanjay Srivastava 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 03.04.2021. In the gang chart four 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 bail application. Further submission is that accused applicant has criminal history and the same has been properly explained in para 7 of the affidavit filed in support of the bail application and in para 2 of the supplementary affidavit. It is further submitted that applicant 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 Salman be released on bail in Case Crime No. 754 of 2021, under Section 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, P.S. Jahangirabad, District Bulandshahr, 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 :- 28.3.2023
Bhanu
Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is fit for bail despite criminal history and pending cases.
Whether the applicant will be free from risk of tampering with evidence or fleeing.
1 provisions across 1 enactments
Salman
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
