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2015 DIGILAW 1726 (ALL)

Danish Kidwai @ Pappu v. State of U. P.

2015-07-03

HARSH KUMAR

body2015
JUDGMENT Harsh Kumar, J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. 2. Learned counsel for the applicant contended that there is only one case shown in the gang chart against the applicant and he has been granted bail by another Bench of this Court vide order dt. 10.06.2015 passed in Bail No. 4626 of 2015, copy of which has been annexed as Annexure No.2; that the applicant has no criminal history; that the applicant undertakes that he will not make misuse the liberty of bail; that the applicant is in custody since 06.02.2014 3. Learned A.G.A. vehemently opposed the prayer of bail. Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment; as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail. 4. Let the applicant Danish Kidwai alias Pappu be released on bail in Case Crime No. 446 of 2014, under Section 2/3 of U.P. Gangsters and Anti Social activities (prevention) Act, P.S. Kotwali Nagar, District Barabanki, 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 co-operate 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 case of 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 with 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. 5. 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 applicant to prison.