Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35807 of 2009 Petitioner :- Sandeep Respondent :- State Of U.P. Petitioner Counsel :- Ajai Kumar Chaudhari Respondent Counsel :- Govt Advocate Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned AGA appearing on behalf
of State & perused the record.
According to the Gang Chart, the applicant is involved in three cases being
Case Crime No. 375/09 under section 379/411 IPC, CAse Crime No.520/09
under section 379/411 IPC & Case Crime No. Nil of 09 under section 41/102
Cr.P.C. read with sections 411/420 IPC. In the aforesaid cases, the applicant
has been granted bail. The applicant is not a member of any gang. On the
other hand learned AGA contended that the applicant is involved in anti-
social activities therefore he does not deserve indulgence of bail. Learned
counsel for the applicant contended that the applicant is absolutely innocent &
is languishing in jail . There is no earning member in his family. The
applicant is not a previous convict. In case the applicant is released on bail, he
will not misuse the liberty of bail.
Having considered the aforesaid submission advanced by learned counsel for
the applicant without expressing any opinion on the merits of the case, it is
directed that the applicant Sandeep involved in case crime no. 170 of 2009
under section 2/3 of U.P Gangsters & Anti social Activities (Prevention) Act
1986 Police Station Titaro District Saharanpur be enlarged on bail on his
executing a personal bond & two heavy sureties each in the like amount to the
satisfaction of the court concerned with following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurise/intimidate with the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed .
In defiance of any of conditions, the prosecution would be at liberty to move
application for cancellation of bail.
Order Date :- 22.1.2010
Naim