Court No. - 28 Case :- BAIL No. - 5288 of 2010 Petitioner :- Santosh Respondent :- State Of U.P. Petitioner Counsel :- A.K. Awasthi Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Rejoinder affidavit filed on behalf of the applicant is taken on record.
Heard the learned counsel for the applicant, the learned AGA and perused the
record.
The learned counsel for the applicant submitted that co-accused Vijai Pal and
Baddri of the same gang chart have already been enlarged on bail by this
Court. It was next submitted that the applicant has a criminal history of four
cases out of which only three cases fall within the category of U.P. Gangsters
and Anti Social Activities (Prevention) Act, 1986. It was next submitted that
the applicant is on bail in all the cases shown in the gang chart.
There does not appear to be any reasonable ground to believe that the
applicant will tamper with the witnesses or abscond, if released on bail.
Keeping in view the nature of offence and evidence, complicity of the
accused, the severity of 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 Santosh involved in the case crime no.591 of 2009 under
section 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986,
police station Pisanwa, district Sitapur, 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 :- 26.7.2010
RKSh