Court No. - 28 Case :- BAIL No. - 5065 of 2010 Petitioner :- Arif Respondent :- State Of U.P. Petitioner Counsel :- Farhan Alam Osmany,Nagendra Mohan Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Mr. Nagendra Mohan the learned counsel for the applicant and
the learned AGA for the State and perused the record.
The learned counsel for the applicant submitted that the applicant had
no criminal history except the present case. According to the FIR
version only counterfeit currency notes were found in possession of the
applicant. There is no allegation that the applicant was involved in
disposing off or using the recovered currency notes. The recovery has
been planted by the police to implicate the applicant. It was also
submitted that the applicant is in jail from 16.10.2009.
There does not appear to be any reasonable ground to believe that the
applicant will temper 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 Arif involved in case crime No. 865 of 2009 under
sections 489B, 489C IPC and section 3 (1) of the U.P. Gangsters and
Anti Social Activities (Prevention) Act, P.S. Nawabganj, District
Bahraich 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 :- 12.7.2010
MTA