Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33477 of 2009 Petitioner :- Putaee Shukla Respondent :- State Of U.P. Petitioner Counsel :- Nisar Uddin Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Supplementary Affidavit filed today is taken on record.
Applicant-Putaee Shukla seeks bail in Case Crime No. 329 of 2006 under
Section 3(1) U.P. Gangster Act, 1986, Police Station Panki, District Kanpur.
Heard learned counsel for the applicant, as well as learned AGA for the State
and perused the material placed on record.
Learned counsel for the applicant has submitted that on the basis of single
case (case crime No.175 of 2006), in which, the applicant has been granted
bail by the Court below vide order dated dated 11.8.2006. The provision of
Gangster Act has been slapped against him. He further submits that the
applicant is in jail since 13.10.2006 and trial has not commenced which is
likely to consume some time to conclude, thus he deserves to be released on
bail at this stage.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie, satisfaction
regarding proposed evidence and genuineness of the prosecution case were
dully considered.
Considering totality of circumstances of the case, I consider it a fit case to
enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant-
Putaee Shukla involved in aforesaid crime be released on bail on his
furnishing a personal bond of Rs. 25,000/- and two sureties each in the like
amount to the satisfaction of the court concerned and executing an
undertaking in the following terms:
1. The applicant shall not tamper with the prosecution evidence by
intimidating the witnesses.
2. He shall cooperate with the investigation and speedy trial.
3. He shall not indulge in any criminal activity or commission
of any crime after being released on bail.
Order Date :- 27.1.2010
SFH