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Allahabad High Court · body

2019 DIGILAW 2092 (ALL)

Anshu Tiwari @ Abhishek Tiwari v. State Of U. P.

2019-09-11

UMESH KUMAR

body2019
JUDGMENT : Umesh Kumar, J. 1. Applicant- Anshu Tiwari @ Abhishek Tiwari seeks bail in Case Crime No. 275 of 2019, under Sections 2/3 (1) U.P. Gangster and Anti-Social Activities (Prevention) Act 1986, Police Station- Colonelganj, District- Prayagraj. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated; that only two cases against accused-applicant are shown in the gang chart and in both the cases he has been granted bail, copy of the orders of bail are annexed along with this bail application; it has been lastly submitted that the applicant is in jail since 12.8.2019 and in case he is granted bail he will not misuse the liberty of bail. On these grounds bail is prayed. 4. Learned A.G.A. has opposed the prayer for bail. However, the factual matrix have not been disputed. 5. Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion upon the merits of the case in my opinion the accused applicant is entitled for bail. 6. Let the above mentioned applicant involved in aforesaid crime be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. He will cooperate in the trial bona-fidely without seeking adjournments. 3. He 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 applicant and sureties be verified by the court concerned before the bonds are accepted.