Court No. - 28 Case :- BAIL No. - 4649 of 2010 Petitioner :- Chhotu Respondent :- State Of U.P. Petitioner Counsel :- S.M.E.A. Rizvi Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the
record.
There is a criminal history of eleven cases in which he is already on bail. All
the cases shown in the gang chart are not serious in nature except one case
which is of murder. It was also submitted that Gangsters Act has been slapped
on the applicant only to pressurize him.
There does not appear to be any reasonable ground to believe that the
applicant will tamper 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 Chotu involved in Case Crime No. 1270 of 2009, under
section 3(1) of the U.P. Gangsters & Anti Social Activities (Prevention) Act,
P.S. Dargah Shareef, District Bahraich be released on bail on his furnishing a
personal bond and two sureties each in the like amount to the satisfaction of
the Special Judge concerned and also subject to the following conditions:
(a) the applicant will continue to attend the court concerned on the date fixed.
(b) the applicant will not tamper with the witnesses.
(c) the applicant will not indulge in any illegal activities during the period of
bail.
In case of breach of any of the above three conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 12.7.2010
shailesh