Court No. - 28 Case :- BAIL No. - 4445 of 2010 Petitioner :- Mohd. Anwar Shah @ Anwar Respondent :- State Of U.P. Petitioner Counsel :- A.P. Mishra Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
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 is not named in the FIR. A
sum of Rs. 20,000/- is alleged to have been recovered from the possession of the applicant. It
was also submitted that there is no evidence to connect the recovered currency notes with the
instant crime. Co-accused Mohd. Ahmad @ Guddu from whose possession Rs. one lakh was
recovered has already been enlarged on bail. The applicant has no criminal history except the
present one. The applicant has also been enlarged on bail in case crime no. 80 of 2010 under
8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985, P.S. Pachpedwa, District
Balrampur.
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 Mohd. Anwar Shah alias Anwar involved in case crime No. 7 of 2010 under
sections 392/411/120B IPC and section 3 (1) of the U.P. Gangsters and Anti Social Activities
(Prevention) Act, PS Pachpedwa 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 :- 12.7.2010
MTA