Court No. - 28 Case :- BAIL No. - 1656 of 2010 Petitioner :- Mintoo Singh @ Brij Naresh Singh Respondent :- State Of U.P. Petitioner Counsel :- Shailendra Kumar Singh,S.S. Chaubey Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The learned counsel for the applicant submitted that according to the gang
chart approved by the District Magistrate on 7.11.2009 the applicant has a
criminal history of five cases in which he has already been released on bail
and none of the cases shown in the gang chart is serious in nature.
The learned AGA on the other hand submitted that the applicant has a
criminal history of 24 cases.
In this regard the learned counsel for the applicant submitted that the history
of 24 cases is incorrect. In fact the applicant has been acquitted in three cases
and final report has been submitted in two cases. Seven cases do not come
within the ambit of the U.P. Gangsters and Anti Social Activities (Prevention)
Act. In two cases lodged on the basis of NCR no investigation has been done
and in two other cases the applicant is not named in the FIR. In remaining six
cases the applicant is on bail. It was also submitted that in the 24th case the
applicant is on bail. All the cases have been concocted by the police at the
behest of one Harmat Ali who was the accused in the murder case of the
applicant’s brother.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 Mintoo Singh alias Brij Naresh Singh involved in case crime
No. 663 of 2009 under sections 3 (1) of the U.P. Gangsters and Anti Social
Activities (Prevention) Act P.S. Ranipur, District Bahraich 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