Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2056 of 2010 Petitioner :- Aley Hasan And Another Respondent :- State Of U.P. Petitioner Counsel :- A. Kumar Singh Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicants that the applicants are
innocent and have been falsely implicated. It is further stated that four cases
have been shown against the applicants including present one . In the
remaining three cases the applicants have been granted bail. It is further
submitted that there is no chance of their fleeing away from the judicial
process or tampering with the prosecution evidence and thus they are entitled
to be released on bail. It is further submitted that the applicants are in Jail
since 15-11-2009.
Keeping in view the nature of the offence, evidence, complicity of the
accused ,severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail
Let the applicant Aley Hasan and Malik Hussain involved in Case crime
no.760 of 2009 under section 2/3 Gangster Act , Police Station Kotwali Dehat
district Etah 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 with
the following conditions:
` (i)The applicant shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv) The applicant shall report to the police station concerned in the first
week of each month to show his good conduct and behaviour.
In case of breach of any of the above mentioned conditions the court below
shall be at liberty to cancel the bail
Order Date :- 27.1.2010
IA