Court No. - 8 Case :- BAIL No. - 103 of 2010 Petitioner :- Vikas Shukla Respondent :- State Of U.P. Petitioner Counsel :- Kailash Nath Misra Respondent Counsel :- Govt.Advocate Hon'ble Ashwani Kumar Singh,J.
Heard learned counsel for the applicant, the learned Additional
Government Advocate and perused the F.I.R. and other relevant papers
on record.
Submission of the learned counsel for the applicant is that the present
case was lodged regarding the incident which had taken place on
6.2.2008 under section 392 IPC against unknown persons. It is further
submitted by learned counsel for the applicant that when co-accused
Chandra Bhal @ Badkan Tiwari was arrested on 22.6.2008, name of the
present applicant came to light. It is further contended that no
incriminating article was recovered from possession of the accused-
applicant. Learned counsel for the applicant also submits that Chandra
Bhal @ Badkan Tiwari has already been granted bail by this Hon’ble
Court vide Crl. Misc. Case No.5044(B) of 2008 dated 10.9.2008.
Learned counsel for the applicant submits that case under
U.P.Gangsters and Anti Social Activities (Prevention) Act has also been
slapped against the accused-applicant and the applicant is on bail in all
the cases, as averred in paragraph 10 of the application. The present
case has also been shown in the gang chart. It is further submitted that
this case under U.P.Gangsters and Anti Social Activities (Prevention)
Act has been slapped on the accused-applicant by the police, in
vengeance, so that he may languish in jail for a considerable long
period.The applicant is in jail since 18.7.2009, as averred in para 17 of
the bail application.
Considering the facts and circumstance of the case, let the applicant be
released on bail in case Crime No.131 of 2008 u/s 392/411 IPC and
section 3(i) U.P.Gangsters and Anti Social Activities (Prevention) Act,
P.S. Dhaneypur District Gonda on his filing a personal bond and two
sureties each in the like amount to the satisfaction of the court
concerned/remand Magistrate.
Order Date :- 8.1.2010
kvg/-