Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 753 of 2010 Petitioner :- Kamlesh Patel Respondent :- State Of U. P. Petitioner Counsel :- Raghvendra Dwivedi Respondent Counsel :- Govt Advocate Hon'ble Surendra Singh,J.
Heard learned counsel for the applicants and learned A.G.A. and
perused the material placed on record.
Applicant-Kamlesh Patel seeks bail in Case Crime No. 79 of 2009
under Section 2/3(1) of U.P. Gangster and Anti Social Activities
(Prevention) Act, 1986, Police Station Mandhata, District Pratapgarh.
Submissions have been made on behalf of the applicant that on the
basis of three criminal cases shown in the gang chart in which he has
already been released on bail by the courts concerned, present case
under the provisions of Gangsters Act has been slapped upon the
applicant. He further submits that co-accused, Ram Lakhan has
already been enlarged on bail by another Bench of this Court. He has
also submitted that applicant is in jail since 5.2.2009 and the trial has
not commenced which is likely to take sometime to conclude.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie,
satisfaction regarding proposed evidence and genuineness of the
prosecution case were dully considered.
Considering totality of circumstances of the case, I consider it a fit
case to enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the
applicant-Kamlesh Patel involved in aforesaid crime be released on
bail on his furnishing a personal bond of Rs. 25,000/- and two sureties
each in the like amount to the satisfaction of the court concerned with
the following conditions that;
1.The applicant shall not tamper with the prosecution evidence by
intimidating the witnesses.
2.He shall cooperate with the investigation and speedy trial.
3.He shall not indulge in any criminal activity or commission of any
crime after being released on bail.
In case of breach of above conditions, the prosecution would be at
liberty to move an application for cancellation of bail. Identity, status
and residence and proof of sureties be verified by the authority
concerned before they are accepted.
Order Date :- 2.2.2010
MN/-