Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7250 of 2015
Applicant :- Rahul Opposite Party :- State Of U.P. Counsel for Applicant :- Chandra S. Kushwaha Counsel for Opposite Party :- Govt. Advocate
Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the applicant and learned A.G.A. for State.
It is contended by learned counsel for the applicant that as per gang chart four cases are alleged to have been shown against the applicant being Case Crime No. 243 of 2014, under Section 41/102 Cr.P.C. and 414 I.P.C., Case Crime No. 245 of 2014, under Section 25 Arms Act, Case Crime No. 202 of 2014, under Section 392, 411, 506 IPC and Crime no. 43/256 of 2014, under Section 336 IPC and in all the cases the applicant has been granted bail, copy of bail orders of two case are annexed as Annexure-2 and 3 to the affidavit accompanying the bail application and bail orders of other two cases are produced before this Court, which is taken on record. It is lastly contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 13.6.2014.
Learned A.G.A. has contended that the applicant is involved in anti-social activities, therefore, he is not entitled to be released on bail.
Perused the first information report as well as averments contained in the bail application.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, let the applicant Rahul, involved in Case Crime No. 294 of 2014, under Section 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, Police Station Kutubsher, District Saharanpur, 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 be cancelled.
Order Date :- 26.3.2015/S.S.
Neutral Citation No. - 2015:AHC:41559
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