Court No. - 28 Case :- BAIL No. - 5625 of 2010 Petitioner :- Sonu Tiwari @ Sonu Banarasi Respondent :- State Of U.P. Petitioner Counsel :- Saurabh Srivastava Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of the State today, is taken on record.
Heard learned counsel for the applicant and learned AGA and perused the
record.
The learned counsel for the applicant submitted that the applicant has a
criminal history of solitary case in which he is already on bail. In the case of
murder, the role assigned to the applicant is of conspiracy only.
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 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 Sonu Tiwari involved in Case Crime No. 972 of 2010,
under sections 2/3 of the U.P. Gangsters & Anti Social Activities (Prevention)
Act, P.s. Kotwali, District Rae Bareli be released on bail on his 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 applicant will continue to attend the court concerned on the date fixed.
(b) the applicant will not tamper with the witnesses.
(c) the applicant 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