Court No. - 28 Case :- BAIL No. - 5131 of 2010 Petitioner :- Shatroghan Gautam @ Goonda Swami Respondent :- State Of U.P. Petitioner Counsel :- Gulam Mustafa Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit on behalf of the State and the Supplementary affidavit on
behalf of the applicant have been filed today, which 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 according to the gang
chart, the applicant has a criminal history of five cases. Out of the aforesaid
five cases, four cases have been slapped on the appellant in a single incident.
It was also submitted that the appellant is on bail in all the five cases and none
of the case is serious in nature. The applicant has falsely been implicated in
this case.
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 Shatroghan Gautam alias Goonda Swami involved in Case
Crime No. 6619 of 2009, under sections 2/3 of the U.P. Gangsters & Anti
Social Activities (Prevention) Act, P.S. Kotwali, District Unnao 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 :- 14.7.2010
shailesh