Court No. - 28 Case :- BAIL No. - 5582 of 2010 Petitioner :- Mohd.Mustqueem And Another Respondent :- The State Of U.P. Petitioner Counsel :- Firoz Ahmad Khan Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Supplementary affidavit filed on behalf of the applicants today, is taken on
record.
Heard learned counsel for the applicants and learned AGA and perused the
record.
The learned counsel for the applicants submitted that the applicant no. 1,
Mohd Mustqueem has a criminal history of two cases and the applicant no. 2,
Mohd. Haleem has solitary case in his criminal history and they are on bail in
all the cases. It is further contended that the Gangsters Act has been slapped
on the applicants by the Police to harass them.
There does not appear to be any reasonable ground to believe that the
applicants will tamper 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 applicants and the learned AGA, I am of the view that the
applicants have made out a case for bail.
Let the applicants Mohd. Mustqueem and Mohd. Haleem involved in Case
Crime No. 426 of 2010, under section 3(1) of the U.P. Gangsters & Anti
Social Activities (Prevention) Act, P.S. Raunahi, District Faizabad be released
on bail on their each furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the Special Judge concerned and also subject
to the following conditions:
(a) the applicants will continue to attend the court concerned on the date
fixed.
(b) the applicants will not tamper with the witnesses.
(c) the applicants will not indulge in any illegal activities during the period of
bail.
In case of breach of any of the above three conditions, the trial court will be at
liberty to cancel the bail.
Order Date :- 28.7.2010
shailesh