Rahul Sharma @ Govinda vs State Of U.P.
2014 Latest Caselaw 8021 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 40
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36048 of 2014
 

 
Applicant :- Rahul Sharma @ Govinda
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Madan Singh
 
Counsel for Opposite Party :- Govt.Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

It is contended by the learned counsel for the applicant that according to gang chart, copy of which has been filed as annexure- to the  affidavit accompanying  the bail application, four cases being case crime No. 898 of 2013 u/s 392, 411 I.P.C., P.S. G.R.P., District Moradabad,  Case Crime No. 938 of 2013 u/s 392, 411 I.P.C., P.S. G.R.P., District Moradabad, Case Crime No. 5/2014, u/s 395, 397, 412 I.P.C., P.S. G.R.P., District Moradabad and Case Crime No. 963 of 2013 u/s 413, 411, 414 I.P.C. , P.S. G.R.P., District Moradabad have  been registered against the applicant, in which the applicant has been enlarged on bail, copy of order granting bail to the applicant has been filed as annexure- 3, 4, 5 and 6 to the affidavit accompanying  the bail application. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended  by the learned counsel for the applicant that the applicant is in jail since- 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.

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 Rahul Sharma @ Govinda, involved in case crime No. 202 of 2014,  under Section 2/3 U.P. Gangsters and Anti Social Activities (prevention) Act 1986,  police station G.R.P., District Moradabad 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:-

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 be cancelled.

Order Date :- 5.11.2014

M.A.A.