Ashish Kumar vs State Of U.P.
2016 Latest Caselaw 2020 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13490 of 2016
 

 
Applicant :- Ashish Kumar
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Rajeev Kumar Saxena
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant and learned A.G.A. for State.

Applicant has moved the present bail application seeking bail in Case Crime No. 05/2016 under Section 2/3 of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, P.S. Barahan, District Agra.

I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.  

The contention as raised at the bar 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 orders are annexed as annexure nos. 2 and 3 to the bail application. It is next contended that in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 13.11.15.

Learned A.G.A. has opposed the prayer for bail.

Without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out. However, the said prima facie view of this Court will not in any manner adversely affect the case of the prosecution.

The prayer for bail is granted. The application is allowed.

Let the applicant Ashish Kumar involved in the aforesaid crime be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:

i) The applicant shall not tamper with the prosecution evidence.

ii) The applicant shall not threaten or harass the prosecution witnesses.

iii) The applicant shall appear on the date fixed by the trial court.

iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.

v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.

In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.

Order Date :- 28.4.2016

Anand