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2015 DIGILAW 1650 (ALL)

Rupin @ Chhotu v. State of U. P.

2015-06-30

HARSH KUMAR

body2015
JUDGMENT Harsh Kumar, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. It is contended on behalf of the applicant that only two cases have been shown in the gang chart against the applicant as Case Crime no. 26 of 2012 and 56 of 2012 in which he has been granted bail by the Juvenile Justice Board by order dated 08.05.2015, copies of bail order have been annexed as annexure-3 and 4 to the affidavit; that the co-accused Vikky @ Vikas, Pradeep, Vikki @ Chhota and Mohit Sharma have been granted bail by another Bench of this Court vide orders dated 14.12.2012, 04.12.2012, 09.01.2013 and 11.10.2012 passed in Criminal Misc. Bail Application Nos. 33040 of 2012, 31655 of 2012, 749 of 2013 and 26598 of 2012, copy of which has been filed at Annexure-5 to the affidavit; that the applicant has no criminal history; that the applicant is in custody since 17.09.2012. 3. Learned A.G.A. has opposed the prayer of bail. Upon hearing the counsel and perusal of record as well as considering the complicity of offence and version and cross version as well totality of facts and circumstances, at this stage without expressing any opinion on the merits of the case, I find it a fit case for bail. 4. Let the applicant Rupin @ Chhotu be released on bail in Case Crime No. 267 of 2012, under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act, P.S. Binauli, District Baghpat on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: - (i) The applicant will cooperate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in absence without sufficient cause, it will be deemed that he is abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iii) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.