Akash and Another vs State of U.P.

Hon''ble Rajesh Dayal Khare, J.—Supplementary affidavit filed today in Court by learned counsel for the applicants is being taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the material placed on record.

The present bail application has been filed by the applicants in case crime No. 914 of 2009, u/s 2/3 U.P. Gangsters and Anti Social Activities (prevention) Act 1986, police station Kotwali Nagar, District Bulandshahr with the prayer to enlarge them on bail.

It is contended by the learned counsel for the applicants that according to gang chart, copy of which has been filed as annexure-2 to the affidavit accompanying the bail application, two cases being case crime No. 879 of 2009 u/s 302 IPC and case crime No. 887 of 2009 u/s 25 Arms Act have been registered against the applicant No. 1 and against applicant No. 2 two cases being case crime No. 879 of 2009 u/s 302 IPC and case crime No. 888 of 2009 u/s 25 Arms Act have been registered and in case crime No. 879 of 2009 both the applicants have been acquitted vide order dated 17.12.2012 passed by Additional Sessions Judge, Court No. 12, Bulandshahr, copy of acquittal order has been filed as annexure-S.A.-2 to the supplementary affidavit. It is further contended that second case under the applicants is under Arms Act which does not fall under the purview of Gangster Act. It is next contended by the learned counsel for the applicants that the applicants are in jail since 2.11.2009 and in case they are enlarged on bail, they will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants Akash and Rahul, involved in case crime No. 914 of 2009, u/s 2/3 U.P. Gangsters and Anti Social Activities (prevention) Act 1986, police station Kotwali Nagar, District Bulandshahr be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-

The applicants shall not tamper with the prosecution evidence;

The applicants shall not pressurize the prosecution witnesses;

The applicants shall appear on the date fixed by the trial court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.