Court No. - 28 Case :- BAIL No. - 5302 of 2010 Petitioner :- Pooran Masi Respondent :- State Of U.P. Petitioner Counsel :- Pawan Kumar Pandey 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 in the gang chart three cases have been
shown against the applicant in which he is already on bail. It was also submitted that the
Gangster Act has been slapped by the police to harass the applicant. Other cases mentioned in
the counter affidavit have not been made any basis of slapping the Gangster Act against 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 Pooran Masi involved in case crime No. 503 of 2008 under sections 3 (1) of
the U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Ramsanehighat, District
Barabanki 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 :- 16.7.2010
MTA