Rajvir vs State Of U.P.
2016 Latest Caselaw 6642 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29989 of 2016
 
Applicant :- Rajvir
 
Opposite Party :- State Of U.P.
 
Counsel for Applicant :- Shailendra Kumar Tripathi
 
Counsel for Opposite Party :- G.A.
 
Hon'ble Pramod Kumar Srivastava, J.

Learned counsel for the applicant has filed today second supplementary affidavit, which is taken on record.

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

The present bail application under Section 439 Cr.P.C has been filed by the applicant in Case Crime No. 35 of 2015, under Sections 3 (1) U.P. Prevention of Anti-Social Activities & Gangster Act, Police Station ? Indergarh, District ? Kannauj, with the prayer to enlarge him on bail.

Learned counsel for the applicant contended that there are criminal history  of three cases, in which in two cases, the applicant was released on bail.  Regarding third case, there is report of Police Station - Bishnugarh that no action was considered in the said case. 

The prayer for bail has been vehemently opposed by learned A.G.A. However, the aforesaid factual aspect of the matter has not been disputed by him.

It has further been submitted that the applicant is innocent and is in jail since 14.12.2016, in case, he is enlarged on bail, he will not misuse the liberty of bail.

Considering the facts and circumstances of the case as also the submissions made, without commenting upon merits of the case, I am of the opinion that the applicant is entitled to be released.

Let the applicant ? Rajvir be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.

Order Date :- 24.10.2016.

Vinod.