Court No. - 28 Case :- BAIL No. - 5138 of 2010 Petitioner :- Anil Kumar Pathak Respondent :- State Of U.P. Petitioner Counsel :- Amit Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Supplementary affidavit filed on behalf of the applicant is take 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 the applicant has a criminal history of two
cases and in one case he has been enlarged on bail. The second case is not against the applicant
and this is evidence from the supplementary affidavit.
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 Anil Kumar Pathak involved in case crime No. 1257 of 2009 under sections 3
(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Kotwali Bikapur,
District Faizabad 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 :- 14.7.2010
MTA