Court No. - 28 Case :- BAIL No. - 5611 of 2010 Petitioner :- Rajendra Respondent :- State Of U.P. Petitioner Counsel :- Shiv Shanker Singh Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of the State and 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 there is a criminal history
of two cases against the applicant in which he is already on bail. None of the
cases is serious in nature. It was next contended that some of the accused
shown in the gang chart has already been granted bail. The Gangsters Act has
been slapped on the applicant by the Police to harass him.
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 Rajendra involved in Case Crime No. 206 of 2009, under
sections 3(1) of the U.P. Gangsters & Anti Social Activities (Prevention) Act,
P.S. Satrikh, District Barabanki 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 :- 28.7.2010
shailesh