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2015 DIGILAW 941 (ALL)

Guddu Singh v. State of U. P.

2015-04-22

NAHEED ARA MOONIS

body2015
JUDGMENT Naheed Ara Moonis, J. Applicants- Guddu Singh and Gore Singh seek bail in Case Crime No. 421 of 2014, under Section 3(1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, P.S. Vidhnoo, District Kanpur Nagar with a prayer that they may be admitted to bail. 2. Heard learned counsel for the applicants as well as learned AGA for the State and perused the material placed on record. 3. According to the gang chart the applicants are alleged to be involved in one case (Case Crime No.345 of 2014, under Sections 147,294,504,506 IPC) 4. Submission has been made by the learned counsel for the applicants that the applicants are already on bail in the said case. They have falsely been implicated in the present case due to police rivalry. The applicants are languishing in jail since 30.3.2015 and in case they are enlarged on bail they will not misuse the liberty of bail. 5. Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that in case the applicants are released on bail they would indulge in similar activity. 6. Considering the nature of accusation, evidence and genuineness of the prosecution case but without expressing any opinion on the merits, let the applicants Guddu Singh and Gore Singh involved in aforesaid crime be released on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that : - 1. The applicants shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial. 2. The applicants shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.