Court No. - 28 Case :- BAIL No. - 3245 of 2010 Petitioner :- Mumtaz Ali Respondent :- State Of U.P. Petitioner Counsel :- Suresh Chandra Srivastava 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 was
allegedly found in possession of Rs. 40,000/- and a mobile phone set. It was
also submitted that co-accused Manoj Kumar Upadhyay and Mahesh Kumar
Prajapati have already been enlarged on bail. It was further submitted that no
public witness was called at the time of the alleged recovery.
The learned AGA on the other hand submitted that the applicant has a
criminal history of five cases.
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 Mumtaz Ali involved in case crime No. 34 of 2010 under
sections 395, 412 IPC, P.S. Akhand Nagar, District Sultanpur be released on
bail on his furnishing a personal bond and two sureties each in the like
amount to the satisfaction of the Chief Judicial Magistrate, Sultanpur.
Order Date :- 19.7.2010
MTA