Court No. - 28 Case :- BAIL No. - 5439 of 2010 Petitioner :- Kamlesh Loadh Respondent :- State Of U.P. Petitioner Counsel :- H.B. Singh,Ravij Prakash Singh Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of the State 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 the applicant has a criminal history of six
cases and in all the six cases he has been enlarged on bail. It was next submitted that one case is
of the year 2001, two cases are of the year 2006 and one case each is of the year 2004, 2009 and
2010. None of the cases shown in the gang charge was serious in nature. It was also submitted
that the Gangster Act has been slapped merely to harass the applicant.
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 Kamlesh Loadh involved in case crime No. 192 of 2010 under sections 2 (3)
(1) of the U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Ram Goan, District
Bahraich 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 :- 22.7.2010
MTA