HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18039 of 2016 Applicant :- Vinay Rajbhar Opposite Party :- State Of U.P. Counsel for Applicant :- Ishwar Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Abhai Kumar, J.
Heard learned counsel for the applicant and learned A.G.A. for the State This bail application has been filed in Case Crime No. 936, under Section 2/3 (1) U.P. Gangster & Prevention of Anti Social Activities Act, 1996, Police Station Madhuban District Mathura on the ground that accused - applicant has already been granted bail under Sections 394 & 411 I.P.C by another Bench of this Court in Criminal Misc. Bail Application No. 40574 of 2014 (Vinay Rajbhar Vs. State) on 06.05.2016.
The contention raised by learned counsel for the applicant is that as per gang chart two cases are alleged to have been shown against the applicant, in which the applicant has been granted bail, copy of the bail order are annexed as Annexure nos. 3 and 4 to the affidavit accompanying the bail application. It is next contended that the applicant is in jail since 29.10.2014 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A for the State has opposed the bail on the ground of long criminal history of the accused - applicant.
After considering long history of the accused he was granted bail under Sections 394 and 411 by another bench of this Court and seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail. However, any observation made herein above, will not affect the trial of the case.
Let the applicant - Vinay Rajbhar involved in Case Crime No. 936 of 2014, under Section 2/3 (1) U.P. Gangster & Prevention of Anti Social Activities Act, 1986, Police Station - Madhuban, District - Mau, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.
Order Date :- 01.06.2016.
Vinod.