Court No. - 8 Case :- BAIL No. - 5030 of 2010 Petitioner :- Shabaj Ali @ Bantu @ Yasheen Respondent :- State Of U.P. Petitioner Counsel :- K M Shukla Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of the AGA is taken on record.
Heard the learned counsel for the applicant and the learned AGA for the State
and perused the record.
The learned counsel for the applicant submitted that the applicant has a
criminal history of five cases in which he has already been released on bail. It
was also submitted that the co-accused Sayad Saif Husain Rizavi and
Ajaj Husain whose names are also mentioned in the gang-chart, have already
been released on bail by this Court. 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 Shabaj Ali alias Bantu alias Yasheen involved in case crime
no. 18 of 2010 under sections 2/3 of U.P. Gangster and Anti Social Activities
(Prevention) Act, P.S. Hazafatganj, District Lucknow 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 :- 9.7.2010
MTA