Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43011 of 2017 Applicant :- Dharmendra Katheria Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard Sri Mukesh Kumar, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that according to gang chart three cases shown against accused applicant. The applicant is on bail in cases shown in the gang chart. The applicant has been falsely implicated in the present case. There is no credible evidence against him. He is languishing in jail since 15.05.2017 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Dharmendra Katheria involved in Case Crime No. 257 of 2017, under Section 3(1) U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Kaimganj, District - Farrukhabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission, of which applicant is suspected.
v) The applicant shall not directly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade the applicant from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the learned counsel for the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 7.11.2017 A. Tripathi