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2023 DIGILAW 891 (ALL)

Bhure v. State of U. P.

2023-04-04

DEEPAK VERMA

body2023
JUDGMENT : (Deepak Verma, J.) 1. Supplementary affidavit filed today is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The instant bail application has been filed on behalf of the applicant Bhure with a prayer to release him on bail in Case Crime No.335 of 2009, under Section 2/ 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act 1986, P.S. Akrabad, District Aligarh, during pendency of the trial. 4. It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in three criminal cases in which he has already been enlarged on bail by the court concerned vide orders dated 30.11.2022, 17.12.2022 and 17.02.2023 (Annexure 3 to the bail application). Apart from the cases shown in the gang chart, applicant has been implicated in one another case in which applicant has been granted bail by the court below vide order dated 17.12.2022 (Annexure SA-1 to the supplementary affidavit). He is not a member of any gang. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. The applicant is languishing in jail since 06.12.2022 and in case he is enlarged on bail he will not misuse the liberty of bail. 5. Learned A.G.A. has opposed the bail prayer of the applicant. 6. Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and law laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another, passed in S.L.P.(Crl.) No. 5191 of 2021, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed. 7. Let the applicant, Bhure, who is involved in aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified. 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. Further, before issuing the release order, the sureties be verified. 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. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.