Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15002 of 2010 Petitioner :- Rajesh Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Sharma Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard, the learned counsel for the applicant, the learned AGA for the State
and perused the record.
The present bail application has been moved by the applicant Rajesh in case
crime no. 294 of 2010, under Sections 2/3 U.P. Gangsters & Anti Social
Activities (Prevention) Act, 1986, P.S. Kwarsi, District Aligarh, with a prayer
that he may be admitted to bail.
It is contended by the learned counsel for the applicant, that according to the
gang chart, the applicant is said to have been involved in three cases: Case
Crime No. 132/2010, U/Ss 379, 411 I.P.C., Case Crime No. 134/2010,, U/Ss.
147, 148, 149, 307 I.P.C. and Case Crime No. 84/2010, U/Ss. 457, 380 I.P.C.
In all the three cases, the accused applicant has already granted bail. The
applicant has been falsely implicated in the present case. There is no chance
of absconding, and in case he is enlarged on bail, he will not misuse the
liberty of the bail. The applicant is in jail since 20.4.2010.
On the other hand, the learned AGA contended that, the applicant is having
criminal history, in case he is enlarged on bail, he will again indulge in similar
activities.
In view of the aforesaid facts and circumstances, without expressing any
opinion about the merits of the case, let the applicant, Rajesh involved in case
crime no.294 of 2010, under Sections 2/3 U.P. Gangsters & Anti Social
Activities (Prevention) Act, 1986, P.S. Kwarsi, District Aligarh, be enlarged
on bail, on his executing a personal bond and furnishing two heavy sureties
each in the like amount to the satisfaction of the court concerned, with the
following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In defiance of the above conditions, the prosecution would be at liberty to
move application for cancellation of bail.
Order Date :- 16.6.2010
Sunil Kr Tiwari