Pankaj vs State Of U.P.
2016 Latest Caselaw 7471 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 46
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43004 of 2016
 

 
Applicant :- Pankaj
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Brij Lal Shukla
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Naheed Ara Moonis, J. 

Heard the learned counsel for the applicant, the learned A.G.A for the State and perused the record.

The present bail application has been moved by the applicant - Pankaj in Case Crime No. 975 of 2016, under Section 2/3 of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station ? Sector ? 39, Noida, District ? Gautam Budh Nagar, with a prayer that he may be admitted to bail.

It is submitted by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in two cases. The applicant has already been enlarged on bail in all the cases. The applicant will co-operate with the trial in the pending case. The applicant is in jail since 16.11.2016. In case the applicant is enlarged on bail he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the prayer for bail and has contended that the applicant is a habitual criminal and in case he is enlarged on bail he will again indulge in similar activity, hence he does not deserve to be enlarged on bail.

In view of the aforesaid facts and circumstances, without expressing any opinion about the merits of the case, let the applicant - Pankaj, involved in Case Crime No. 975 of 2016, under Section 2/3 of Uttar Pradesh Gangsters & Anti-Social Activities (Prevention) Act, 1986, Police Station ? Sector ? 39, Noida, District ? Gautam Budh Nagar, be enlarged on bail on his executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:-

(i) The applicant will not tamper with the evidence during the trial.

(ii) The applicant will not pressurize / intimidate the prosecution witness.

(iii) The applicant will appear before the trial court on the date fixed.

In case of breach of the above conditions, the prosecution will be at liberty to move application for cancellation of bail.

Order Date :- 08.12.2016

Vinod.