JUDGMENT :

1. Heard learned counsel for the applicant and Shri Ankit Srivastava, learned AGA appearing for the State.

2. This application has been filed on behalf of the applicant with a prayer to enlarge him on bail in Case Crime No.238 of 2019 under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Baradari, District Bareilly, during the pendency of the trial before the court below.

3. An FIR dated 11 March 2019 has been lodged against the applicant and others alleging offences under the Gangsters Act.

4. The contention of the learned counsel for the applicant is that the gang-chart reflects the implication of the applicant in one case being Case Crime No.671 of 2018 in which he has been enlarged on bail by means of an order dated 11 September 2019 in Bail Application No.4105 of 2018 passed by the court below. The contention is that the applicant is innocent person having no other criminal history and he has been falsely implicated in the FIR filed under the provisions of the Gangsters Act. It is, therefore, contended that the applicant be enlarged on bail.

5. Learned AGA though, on the basis of instructions, has opposed the prayer for bail, but has admitted that other than one criminal case, being Case Crime No.671 of 2018, the applicant has no other previous criminal history.

6. A perusal of the order dated 11 September 2019 passed by the court below granting bail to the applicant in Case Crime No.671 of 2018 reveals that the Investigating Officer had stated recovery of gold and silver ornaments from the applicant. The court below observed that since the applicant has his own jewellery shop in Tilhar, therefore, at that time, it is natural that jewellery of silver and gold would be recovered from him. The court below further observed that there is no independent public witness even though the incident is of 8:57 in the day time.

7. Considering the facts and circumstances and without entering into the merits of the case at this stage, this appears to be a fit case for bail. The bail application is, accordingly, allowed.

8. Let the applicant-Arvind Rastogi s/o Shri Hari Babu Rastogi, be released on bail in the aforesaid case on his furnishing a personal bond of Rs.2,00,000/-with two sureties each of the same amount to the satisfaction of the court below with the following additional conditions which are being imposed in the interest of justice :

1. The applicant shall cooperate with any investigation in the case;

2. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

3. The applicant shall cooperate in the trial sincerely without seeking any unnecessary adjournment and shall strictly comply with the terms of the bonds to be furnished before the court below; and

4. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

9. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

10.Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted. The court below shall also verify that none of the sureties are sureties for any other accused person in any other case.

11. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.