Court No. - 8 Case :- BAIL No. - 4992 of 2010 Petitioner :- Atul Kumar Gupta Respondent :- State Of U.P. Petitioner Counsel :- Sanjay Srivastava Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Supplementary affidavit filed on behalf of the applicant is taken on redord.
Heard 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 co-accused Manish
Kumar Gupta has already been released on bail by this Court and the case of
the applicant is almost at par with the co-accused. It was also submitted that
the applicant is on bail in all the cases shown in the gang chart and none of
those cases related to any serious crime. It was also submitted that instant case
has been fabricated to harass the applicant and all the injured sustained merely
simple injuries. 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 Atul Kumar Gupta involved in case crime no. 202 of 2010
under sections 147, 341, 353, 332, 504, 506 IPC and section 7 of the
Criminal Law Amendment Act and section 3 (1) of the U.P. Gangster and
Anti Social Activities (Prevention) Act, P.S. Kotwali Utraula, District
Balrampur 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 :- 9.7.2010
MTA