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2015 DIGILAW 1369 (ALL)

Shyam Sagar @ Monu Dubey v. State of U. P.

2015-05-25

ARVIND KUMAR MISHRA I

body2015
JUDGMENT Arvind Kumar Mishra-I, J. Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record. 2. By means of the present application, the applicant seeks bail in Case Crime No.26 of 2013, under Sections 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, Police Station Chaubepur, District Kanpur Nagar. 3. Learned counsel for the applicant has submitted that the applicant is shown to be involved in one case as per the gang chart in which he has been acquitted by the learned Additional Session Judge, FTC, Kanpur Dehat, vide judgment and order dated 31.03.2015. 4. Learned counsel for the applicant has further added that co-accused Vipin Kumar has already been enlarged on bail by this Court vide order dated 13.09.2013 in criminal misc. bail application no.26797 of 2013. The case of the present applicant is identical to that of co-accused who has already been enlarged on bail. The applicant is in jail since 10.10.2012 in the present case. 5. Learned AGA has opposed prayer for bail. However, learned AGA has not disputed the aforesaid facts. 6. Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed. 7. Let the applicant Shyam Sagar @ Monu Dubey involved in Case Crime No.26 of 2013, under Sections 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, Police Station Chaubepur, District Kanpur Nagar, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following condition: - 1. The applicant shall continue to attend the court concerned on the date fixed after release. 2. He will not tamper with the witnesses. 3. He will not indulge in any illegal activities during the bail period. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. The applicant shall continue to attend the court concerned on the date fixed after release. 2. He will not tamper with the witnesses. 3. He will not indulge in any illegal activities during the bail period. It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted. In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.