Allahabad High Court
Sachin vs State Of U.P. on 14 May, 2018
Bench: Om Prakash-Vii
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17826 of 2018
Applicant :- Sachin
Opposite Party :- State Of U.P.
Counsel for Applicant :- Jagdish Prasad Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
During the course of argument learned counsel for the applicant produced copy of the bail order passed by this Court. The same is taken on record and be treated as part of the record.
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 applicant that the applicant is on bail in cases shown in the gang chart. The applicant has been falsely implicated in the present case. There is no reliable evidence against him. He is languishing in jail and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the Gang Chart.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sachin involved in Case Crime No. 1005 of 2017, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Kotwali Nagar District - Muzaffar Nagar be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2.The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this court.
Order Date :- 14.5.2018
Sachdeva
