Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 637 of 2010 Petitioner :- Iliyas Respondent :- State Of U.P. Petitioner Counsel :- Harish Kumar Tripathi Respondent Counsel :- Govt Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicants, 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. It is further submitted that after the
grant of bail the applicant due to some unavoidable circumstances could not
appear before the court on the date fixed. Learned counsel submits that the
applicant undertakes that after release on bail he shall regularly attend the
court on each and every date.. The applicant is in Jail since 3-8-2009.
Keeping in view the nature of the offence, evidence, complicity of the
accused ,severity of punishment and submissions of the learned counsel for
the parties, I am of the view that the applicant has made out a case for bail
Let the applicant Iliyas involved in Case crime no.585 of 1998 under section
2/3 Gagster Act and Antisocial Activities (Prevention) Act, , Police Station
Hata district Kushinagar 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 shall not tamper with the evidence during the trial.
(ii)The applicant will not pressurize/ 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 behaviour.
In case of breach of any of the above mentioned conditions the court below
shall be at liberty to cancel the bail.
Order Date :- 7.1.2010
IA