Court No. - 48 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24064 of 2009 Petitioner :- Yunus Respondent :- State Of U.P. Petitioner Counsel :- S.K. Dubey,Rajeev Kr. Rai Respondent Counsel :- Govt. Advocate Hon'ble Surendra Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Applicant-Yunus seeks bail in Case Crime No. 1267 of 2008 under Sections
2/3 (1) of Gangster Act, Police Station Sector-58, Noida, District G.B. Nagar.
Heard learned counsel for the applicant as well as learned AGA for the State
and perused the material placed on record.
Submissions have been made on behalf of the applicant that four cases have
been shown in the F.I.R. against the applicant in which he has been granted
bail and on the basis of those four cases the provisions of Gangsters Act has
been slapped upon him. He has further contended that the applicant is in jail
since 10.9.2009. He has further pointed out that under the similar set of
circumstances co-accused-Sanjay, Bablu and Satveer have been granted bail
by another Bench of this Court vide order dated 30.7.2009 in Criminal Misc.
Bail Application No.19712 of 2009, thus the applicant is also entitled to be
released on bail.
The bail is, however, opposed by the learned A.G.A.
The points pertaining to nature of accusation, severity of punishment,
reasonable apprehension of tampering the witnesses, prima facie, satisfaction
regarding proposed evidence and genuineness of the prosecution case were
dully considered.
Considering totality of circumstances of the case, I consider it a fit case to
enlarge the applicant on bail.
Without expressing any opinion on the merits of the case, let the applicant-
Yunus involved in aforesaid crime be released on bail on his furnishing a
personal bond of Rs. 25,000/- and two sureties each in the like amount to
the satisfaction of the court concerned.
Order Date :- 4.1.2010
MN/-