Court No. - 28 Case :- BAIL No. - 5045 of 2010 Petitioner :- Surya Bali Respondent :- State Of U.P. Petitioner Counsel :- Pawan Kumar Pandey Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
Supplementary affidavit filed on behalf of the applicant 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 the applicant has
a criminal history of a single case, in which he has been bailed out. It
was also submitted that the applicant had not played any role in the
instant case.
The learned AGA could not point out any other criminal history of the
applicant.
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 Surya Bali involved in the case crime no.182 of 2010,
under section 2/3 of the U.P. Gangsters and Anti Social Activities
(Prevention) Act, 1986, police station Maholi, 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 :- 12.7.2010
RKSh