Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19031 of 2010 Petitioner :- Hanif Respondent :- State Of U.P. Petitioner Counsel :- Rajesh Kumar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the
record.
It is submitted by learned counsel for the applicant that the applicant is
innocent and has been falsely implicated in the case. He further submits that
in the same case crime no. 41 of 2009, co accused Wasim, whose case stands
on the same footing, has been granted bail by this court on 14.12.2009 in
criminal misc. bail application 32682 of 2009 and has claimed parity. This
fact has not been disputed by the learned A.G.A. He further submits that the
provision of the Gangsters Act has been invoked merely on the basis of a
solitary case and there are no chances of his fleeing away from the judicial
process or tampering with the prosecution evidence, and is in Jail since
22.2.2009.
In view of the facts and circumstances of the case and submissions made by
learned counsel for the applicant and learned A.G.A. and without expressing
any opinion on the merits of the case the applicant is entitled to be released on
bail.
Let the applicant Hanif involved in Case Crime No.41 of 2009( Special Case
No. 39/09), under Sections 394,411. I.P.C. and 2/3 of U.P. Gangsters Act ,
P.S. Khurja Nagar District Bulandshahr 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 with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week
of each month to show his good conduct and behavior.
In case of breach of any of the above conditions, the court below shall be at
liberty to cancel the bail.
Order Date :- 23.7.2010
MLK