Court No. - 28 Case :- BAIL No. - 5281 of 2010 Petitioner :- Asif Khan Respondent :- State Of U.P. Petitioner Counsel :- Moshin Iqbal Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard the learned counsel for the applicant and the learned AGA and perused the record.
The learned counsel for the applicant submitted that Co-accused Mohd. Abrar whose name also
finds place in the gang chart has already been enlarged on bail by this Court. The applicant’s
case is at par with the co-accused. The applicant has a criminal history of six cases and in all
the six cases he has been enlarged on bail. None of the cases shown in the gang chart is
heinous in nature.
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 Asif Khan involved in case crime No. 1343 of 2010 under sections 2/3 of the
U.P. Gangsters and Anti Social Activities (Prevention) Act P.S. Kotwali Shahar, District
Hardoi 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 :- 16.7.2010
MTA