Court No. - 28 Case :- BAIL No. - 5690 of 2010 Petitioner :- Pankaj Verma Respondent :- State Of U.P. Petitioner Counsel :- Kaushlendra Tewari Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
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. In the case crime No. 154 of 2009 under section 307 IPC the applicant is not an accused
nor he was in any way involved in the commission of crime but his name has wrongly been
shown as one of the accused in the gang chart. It was next submitted that in crime No. 151 of
2009 under section 364 A IPC the applicant has already been enlarged on bail on the ground
that the victim was recovered from the possession of co-accused and the applicant was
implicated by the police on account of a political rivalry at the behest of the ruling party. It
was next submitted that the applicant has no other criminal history except the aforesaid solitary
case. It was also submitted that the Gangster Act has been slapped merely to harass the
applicant.
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 Pankaj Verma involved in case crime No. 1151 of 2009 under sections 2/3 of
the U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Kotwali, District Sitapur
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 :- 29.7.2010
MTA