Court No. - 28 Case :- BAIL No. - 5755 of 2010 Petitioner :- Mayank Srivastava @ Galli Respondent :- State Of U.P. Petitioner Counsel :- Anil Kumar Awasthi Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of the State and the supplementary affidavit
filed on behalf of the applicant are taken on record.
Heard the learned counsel for the applicant, the learned AGA and perused the
record.
The learned counsel for the applicant submitted that the applicant has a
criminal history of only one case in which he has already been acquitted. It
was next submitted that the present case has been slapped on the applicant
only to harass 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 offence and evidence, complicity of the
applicant, the severity of 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 Mayank Srivastava involved in the case crime no.5950 of
2009 under section 2/3 of the U.P. Gangsters and Anti Social Activities
(Prevention) Act, police station Kotwali, district Unnao, 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 :- 30.7.2010
RKSh