HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 42 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18027 of 2016 Applicant :- Bijli @ Bajool Kamar & 03 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Babu Counsel for Opposite Party :- G.A. Hon'ble Abhai Kumar, J.
Heard learned counsel for the applicants and learned A.G.A. for the State This bail application has been filed in Case Crime No. 84 of 2016, under Section 3 (1) U.P. Gangster & Prevention of Anti Social Activities Act, 1996, Police Station Thathia, District Kannauj.
The contention raised by learned counsel for the applicants is that as per gang chart only one case is alleged to have been shown against the applicants, in which the applicants have been granted bail, copy of the bail orders are annexed as Annexure no. 3 to the affidavit accompanying the bail application. It is next contended that the applicants are in jail since 12.05.2016 and in case they are enlarged on bail will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
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 applicants - Bijli @ Bajool Kamar, Kattu @ Nurul Jama, Aslam Khan & Raju @ Mohd. Riyaz involved in Case Crime No. 84 of 2016, under Section 3 (1) of U.P. Ganster & Anti-Social Activities (Prevention) Act, Police Station - Thathia, District - Kannauj, be released on bail on their 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 applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants 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.