Court No. - 47 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15055 of 2010 Petitioner :- Jumma Respondent :- State Of U.P. Petitioner Counsel :- M.K. Shukla,A.K. Shukla Respondent Counsel :- Govt. Advocate Hon'ble Naheed Ara Moonis,J.
Heard, the learned counsel for the applicant, the learned AGA for the State
and perused the record.
The present bail application has been moved by the applicant Jumma in case
crime no.276 of 2008, under Section 2/3 U.P. Gangsters & Anti Social
Activities (Prevention) Act, 1986, P.S. Dauki, District Agra, with a prayer that
he may be admitted to bail.
It is contended by the learned counsel for the applicant, that according to the
gang chart, the applicant is said to have been involved in four cases, in which
he is on bail. The applicant has been falsely implicated in the present case.
There is no chance of absconding, and in case he is enlarged on bail, he will
not misuse the liberty of the bail. The applicant is in jail since 16.10.2008.
On the other hand, the learned AGA contended that, the applicant is having
criminal history, in case he is enlarged on bail, he will again indulge in similar
activities.
In view of the aforesaid facts and circumstances, without expressing any
opinion about the merits of the case, let the applicant, Jumma involved in case
crime no.276 of 2008, under Section 2/3 U.P. Gangsters & Anti Social
Activities (Prevention) Act, 1986, P.S. Dauki, District Agra , be enlarged on
bail, on his executing a personal bond and furnishing two heavy sureties each
in the like amount to the satisfaction of the court concerned, with the following
conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii)The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
In defiance of the above conditions, the prosecution would be at liberty to
move application for cancellation of bail.
Order Date :- 16.6.2010
Mustaqeem.