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2020 DIGILAW 976 (ALL)

Manjit Nautiyal v. State of U. P.

2020-06-19

DINESH KUMAR SINGH-I

body2020
JUDGMENT : 1. Heard Sri Desh Ratan Chaudhary, learned counsel for the applicant and Sri Amit Kumar Singh, learned A.G.A. for the State. 2. This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 670 of 2019 under Section 2/3 of U.P. Gangster Act, P.S. Kotwali Dehat, District Saharanpur. 3. It has been argued on behalf of the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case under Gangster Act on the basis of five criminal cases shown in the Gang-Chart, copy of which has been annexed at page no. 18 of the Gangster Act; another co-accused, Kadam Singh @ Shivam @ Karitam has been granted bail by another Bench of this Court on 17.06.2020 in Crl. Misc. Bail Application No. 14370 of 2020, copy of which has been provided by learned counsel for the applicant and the same is taken on record; accused has no other criminal history; the accused applicant is in jail since 7.11.2019; if the accused is released on bail, he will not misuse the liberty of bail. 4. Learned A.G.A. though has vehemently opposed the grant of bail but could not controvert the aforesaid facts and further stated that he could not receive instructions in this case. 5. Looking to the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail. 6. Let the applicant Manjit Nautiyal 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. The applicant shall cooperate in the trial sincerely without seeking any adjournment. 3. The applicant 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. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. 7. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 8. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. 9. It is made clear that if any facts mentioned by learned counsel for the applicant in Affidavit/Bail Application is found false, learned A.G.A. would be at liberty to move bail cancellation application.