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2015 DIGILAW 940 (ALL)

Asgar v. State of U. P.

2015-04-22

VIJAY PRAKASH PATHAK

body2015
JUDGMENT Vijay Prakash Pathak, J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. This bail application has been moved on behalf of the applicant Asgar, who is involved in Case Crime No. 567 of 2014, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.Bilari, District Moradabad. 3. Learned counsel for the applicant has contended that the applicant is innocent and has been falsely implicated. It is further contended that according to gang chart, two cases are said to be pending against the applicant and in both the said cases, the applicant is on bail. It is further contended that the entire prosecution story has been concocted by the police for the purposes of harassment only. It is lastly contended that the applicant is in jail since 22.07.2014 and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses. 4. Learned A.G.A. opposed the prayer for bail, but could not dispute that the applicant is on bail in both the cases shown in the gang chart. 5. Considering the entire facts and circumstances of the case, the allegations in the FIR and all other materials available on record, the applicant may be released on bail. 6. Let the applicant Asgar, who is involved in Case Crime No. 567 of 2014, under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, P.S.Bilari, District Moradabad be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Court concerned on the following conditions: - 1. The applicant will not tamper with the evidence during course of trial. 2. The applicant will not pressurise/intimidate the prosecution witnesses. 3. The applicant will appear before the trial court on the date fixed. 7. In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.