Court No. - 28 Case :- BAIL No. - 5104 of 2010 Petitioner :- Manoj Upadhyaya Respondent :- The State Of U.P. Petitioner Counsel :- Rishad Murtaza Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The learned counsel for the applicant submitted that the applicant has a
criminal history of three cases and in all the three cases he has been released
on bail. It was further submitted that the applicant has been falsely implicated
in this case by the police.
There does not appear to be any reasonable ground to believe that the
applicant will temper with the witnesses or abscond, if released on bail.
Keeping in view the nature of the offence, evidence, complicity of the
accused, the severity of the punishment and submissions of the learned
counsel for the applicant and the learned AGA, I am of the view that the
applicant has made out a case for bail.
Let the applicant Manoj Upadhyaya, involved in case crime No. 154 of 2010
under sections 3 (1) of the U.P. Gangsters and Anti Social Activities
(Prevention) Act, P.S. Akhand Nagar, District Sultanpur 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 and also subject to the following
conditions:
1. the applicant will continue to attend the court concerned on the date
fixed;
2. the applicant will not tamper with the witnesses;
3. the applicant will not indulge in any illegal activities during the period
of bail.
In case of breach of any of the above conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 13.7.2010
MTA