Court No. - 28 Case :- BAIL No. - 5178 of 2010 Petitioner :- Ram Dayal Respondent :- State Of U.P. Petitioner Counsel :- K.K. Tewari Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Supplementary affidavit filed on behalf of the applicant today, is taken on
record.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that the applicant has a
criminal history of three cases, in which he is already on bail. It was also
submitted that in the Case Crime No. 993 of 2009, under section 302 IPC
shown in the gang chart, the applicant is not named in the FIR nor he was
involved in any way in committing the crime. It was also submitted that his
name surfaced in the alleged confessional statement of the applicant during
the investigation.
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 Ram Dayal involved in Case Crime No. 19 of 2010, under
sections 2/3 of the U.P. Gangsters & Anti Social Activities (Prevention) Act,
P.S. Talgaon, District Sitapur 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 :- 14.7.2010
shailesh