Court No. - 28 Case :- BAIL No. - 4811 of 2010 Petitioner :- Fakhrullah Respondent :- State Of U.P. Petitioner Counsel :- Naveen Kumar Pandey 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 the applicant was found
in possession of fake currency notes to the extent of Rs. 2700/-. It was also
submitted that the police has planted recovery to implicate the applicant.
Moreover the applicant has no criminal history of any case except the present
one. No public witness was called at the time of recovery.
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 offence and evidence, complicity of the
accused, the severity of 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 Fakhrullah involved in the case crime no.652 of 2009, under
sections 489A, 489B and 489C IPC and section 3(1) of the U.P. Gangsters
and Anti Social Activities (Prevention) Act, 1986, police station Rehra Bazar,
district Balrampur, 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 :- 12.7.2010
RKSh