Citation : 2017 Latest Caselaw 4562 ALL
Judgement Date : 18 September, 2017
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 53 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30885 of 2017 Applicant :- Ripusudan Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Subhash Gosain,Gaurav Singh Tomar Counsel for Opposite Party :- G.A. Hon'ble Harsh Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant contended that the applicant was on bail and the applicant could not appear before the Court on the date fixed due to some unavoidable circumstances and on 21.4.2016, non bailable warrant has been issued against the applicant; that applicant has not made disappearance deliberately; that applicant has no previous criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 14.7.2017.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Ripusudan Singh be released on bail in Case Crime No.1349 of 2008, under Sections 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, P.S. Kotwali Orai, District Jalaun on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of magistrate/court concerned subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 18.9.2017
Tamang
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