Court No. - 28 Case :- BAIL No. - 5596 of 2010 Petitioner :- Abbas @ Hasan Abbas Respondent :- The State Of U.P. Petitioner Counsel :- Suresh Chandra Srivastava Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of the State today, 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 the applicant was not
arrested at the time of the alleged recovery nor any recovery was made from
him. Co-accused Manoj Kumar Upadhay, Mahesh Kumar Prajapati and
Mumtaz Ali, from whom recoveries were made, have already been enlarged
on bail. It was next contended that the applincant’s name surfaced on the basis
of the statement of a co-accused.
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 Abbas alias Hasan Abbas involved in Case Crime No. 34 of
2010, under sections 395 and 412 IPC, P.s. Akhand Nagar, District Sultanpur
be released on bail on his furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the Chief Judicial Magistrate concerned.
Order Date :- 28.7.2010
shailesh