Court No. - 28 Case :- BAIL No. - 1118 of 2010 Petitioner :- Deepak Misra Respondent :- The State Of U.P. Petitioner Counsel :- Surya Narayan Mishra,Ashok Kumar Singh Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that as per the FIR the role
assigned to the applicant is of exhortation only and the cases shown in the
gang chart are not serious in nature. It is further submitted that the applicant is
bailed out in all the cases.
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 Deepak Misra involved in Case Crime No. 621 of 2009,
under sections 147, 332, 333, 353, 186, 325, 506 and 452 IPC and 3(1)(X) of
the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and 7
of the Criminal Law Amendment Act and 3(1) of the U.P. Gangsters & Anti
Social Activities (Prevention) Act, P.S. Rupaideeh, Disrtrict Bahraich 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 :- 13.7.2010
shailesh