Court No. - 28 Case :- BAIL No. - 5343 of 2010 Petitioner :- Ashutosh Mishra Respondent :- State Of U.P. Petitioner Counsel :- Santosh Kr. Srivastava 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 co-accused Jitendra
shown in the gang chart has been released on bail by this court. It was also
submitted the applicant has a criminal history of five cases and in all the five
cases he has been enlarged on bail. None of the cases shown in the gang chart
is serious in nature.
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 Ashutosh Mishra involved in case crime No. 171 of 2009
under sections 2/3 (1) of the U.P. Gangsters and Anti Social Activities
(Prevention) Act, P.S. Kamarauli, 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 :- 19.7.2010
MTA