Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35810 of 2009 Petitioner :- Vinod Kumar Respondent :- State Of U.P. Petitioner Counsel :- V.S.Kushwaha Respondent Counsel :- Govt Advocate Hon'ble Naheed Ara Moonis,J.
Heard learned counsel for the applicant and learned AGA appearing on behalf
of State & perused the record.
According to the Gang Chart, the applicant is involved in four cases being
Case Crime No. 16 if 2006 under sections 147/332/427/336/436 IPC read
with section 7 Criminal Law Amendment Act and section 159 /174 Railway
Act , Case Crime No. 334 of 08 under section 323/384/504/506 IPC , Case
Crime No. 336 of 08 under section 25 Arms Act and NCR No. 73 of 2008
under section 504/506 IPC . The case registered under section 25 Arms Act
does not come within the purview of Gangsters Act. In the aforesaid case, the
applicant has been granted bail. The applicant is not a member of any gang.
On the other hand learned AGA contended that the applicant is involved in
anti-social activities therefore he does not deserve indulgence of bail. Learned
counsel for the applicant contended that the applicant is absolutely innocent &
is languishing in jail since 5.11.09. The applicant is not a previous convict. In
case the applicant is released on bail, he will not misuse the liberty of bail.
Having considered the aforesaid submission advanced by learned counsel for
the applicant without expressing any opinion on the merits of the case, it is
directed that the applicant Vinod Kumar involved in case crime no. 346 of
2008 under section 2/3 of U.P Gangsters & Anti social Activities (Prevention)
Act 1986 Police Station Marahara District Etah be enlarged on bail on his
executing a personal bond & two heavy sureties each in the like amount to the
satisfaction of the court concerned with following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurise/intimidate with the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed .
In defiance of any of conditions, the prosecution would be at liberty to move
application for cancellation of bail.
Order Date :- 22.1.2010
Naim