Court No. - 45 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35121 of 2009 Petitioner :- Gulab Singh Respondent :- State Of U.P. Petitioner Counsel :- Rakesh Kumar Singh Chauha,Smt.Neelam Singh Chauhan Respondent Counsel :- Govt Advocate Hon'ble Vijay Kumar Verma,J.
Heard Sri Rakesh Kumar Singh Chauhan, Advocate, appearing
for the applicant and learned AGA for the State.
It is submitted by the learned counsel for the applicant that on
the basis of the three cases, the applicant has been made accused in
present case under U.P. Gangsters Act and since he has been
granted bail in all the three cases, hence he should be granted bail
in present case also.
Next submission made by learned counsel for the applicant is
that the applicant was not named in the FIR of case crime No. 48
of 2008, under sections 394,201,411,414 IPC and he was falsely
roped in that case subsequently.
Learned AGA has opposed the bail application but it is not
disputed that the applicant has been enlarged on bail in all the
three cases.
Having given my thoughtful consideration to the facts and
circumstances of the case and keeping in view the fact that the
applicant has been granted bail in all the three cases, without
expressing any opinion about merit of the case, he may be released
on bail in present case also.
Let the applicant Gulab Singh son of Rajendra Prasad Kashyap,
be released on bail in Case Crime No. 354 of 2008, G.S.T. No. 213
of 2009, under section 2/3 U.P Gangsters Act, P.S. Kashganj,
District Kanshi Ram Nagar on his executing a personal bond of
Rs. 40,000/- and furnishing 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 prosecution evidence by
intimidating the witnesses.
2. He shall cooperate with speedy trial.
3. He shall not indulge in any criminal activity or commission
of any crime after being released on bail.
On violation of any of the aforesaid conditions, the prosecution
would be at liberty to move application for cancellation of bail.
Order Date :- 21.1.2010
sazia