HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19081 of 2011 Petitioner :- Birju Respondent :- State Of U.P. Petitioner Counsel :- J.S. Pandey Respondent Counsel :- Govt.Advocate Hon'ble Shashi Kant Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that in the present case three cases have been shown in the gang chart against the applicant, out of which, in two cases the applicant has been acquitted and in the remaining one case the applicant has already udnergone the period of sentence. He is in jail since 21.10.2009.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant and learned A.G.A. , without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Birju involved in Case Crime No.373 of 2009 under Section 2/3 of U.P. Gangster and Anti Social Activities (Prevention) Act 1986, P.S. Lohamandi, District Agra 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 with the following conditions:
(i)The applicant shall not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii) The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behaviour.
(iv) The applicant shall cooperate in the early conclusion of the trial and will not seek any unnecessary adjournment.
In case of breach of any of the above conditions , the court below shall be at liberty to cancel the bail.
Order Date :- 8.8.2011 MLK