Court No. - 28 Case :- BAIL No. - 5242 of 2010 Petitioner :- Sunil Pathak Respondent :- State Of U.P. Petitioner Counsel :- A.K. Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
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 has a
criminal history of four cases and in three cases he has been enlarged on bail
and in one case he has been acquitted. It was also submitted that the Gangster
Act has been slapped merely to harass 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 Sunil Pathak involved in case crime No. 227 of 2010 under
sections 3 (1) of the U.P. Gangsters and Anti Social Activities (Prevention)
Act P.S. Gosainganj, District Faizabad 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 :- 23.7.2010
MTA