Court No. - 20 Case :- BAIL No. - 4831 of 2010 Petitioner :- Manish Kumar Gupta Respondent :- State Of U.P. Petitioner Counsel :- K.N. Mishra Respondent Counsel :- G.A. Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as
well as perused the record.
The accused Manish Kumar Gupta, S/o Ram Bilash Gupta, R/o Mohalla Arya
Nagar, Kasba Utraula, P.S. Kotwali Utraula, District Balrampur is involved
and detained in case crime no. 202/2010 under Sections 147, 341, 353, 332,
504, 506 IPC, 7 Criminal Law Amendment Act and 3 (1) of U.P. Gangster &
Anti Social Activities (Prevention) Act, from P.S. Kotwali Utraula, District
Balrampur and he has applied for bail.
The submission of learned counsel for the applicant is that the co-accused
Puchchi has already been ordered to be released on bail by the order of the
learned Sessions Judge. The allegations of the complainant against all the
accused are the same. The bail application of the applicant has been rejected
by the learned Sessions Judge on the ground that the accused has been
challned under the Gangster Act too. Learned counsel submits that a criminal
history of as many as four cases has been shown against the accused applicant
in the gang chart. The first case is the present one and in rest cases the
accused is already on bail. The accused applicant, therefore, deserves to be
released on bail.
Learned A.G.A. opposed the bail applilcation.
Considered the submission of learned counsel for the applicant and learned
A.G.A. for the State. Keeping in view the totality of the facts and
circumstances of the case as well as the fact that the co-accused has already
been ordered to be released on bail by the order of the learned Sessions Judge,
without expressing any opinion on the merit of the case, the accused applicant
may also be released on bail.
Let the applicant Manish Kumar Gupta be released on bail in the aforesaid
case crime number on his furnishing a personal bond of two sureties each in
the like amount to the satisfaction of the court concerned.
Order Date :- 29.6.2010
Santosh/-