Pintu Maddeshiya vs State Of U.P.
2016 Latest Caselaw 4132 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21917 of 2016
 

 
Applicant :- Pintu Maddeshiya
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Pawan Kumar Srivastava
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Abhai Kumar, J.

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

It is submitted by learned counsel for the accused-applicant that accused-applicant has been charged under Section 3 (1) of U.P. Gangster Act, Police Station Paniara, District Maharajganj, on the basis of four cases that are being shown in the Gang Chart.

It is has been submitted by learned counsel for the for the accused-applicant that applicant is on bail in all the four cases, copy of which is annexed as Annexure No. 3, but bail order of fourth case under Section 3/25 of Arms Act, Police Station Gulariha, District Gorakhpur, could not be filed due to non-availability, but it has been mentioned in para 6 (E) in the affidavit accompanying the bail application that accused-applicant is already bail on that case also.

It is next contended that the applicant is in jail since 15.02.2016 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 prayer for bail but could not dispute the aforesaid facts.

Seeing the facts that applicant is on bail in three of the cases shown in the Gang Chart 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.

Let the applicant ? Pintu Maddeshiya involved in Case Crime No. 71 of 2016, under Section 3 (1) of U.P. Gangster Act, Police Station ? Paniara, District ? Mahrajganj, 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 :- 12.07.2016.

Vinod.