Heard learned counsel for the applicant and learned AGA for the State and perused the record.
It is contended by the learned counsel for the applicant that the applicant was falsely implicated in the present case showing recovery of a motorcycle from the joint possession of the applicant and other co accused. There was no recovery from the possession of the applicant. However, on the basis of six cases shown in the gang chart, the applicant has been challaned under the Gangster Act. Out of which in five cases, the applicant has been released on bail and the case crime no. 97 of 2011, under section 379 /411, Police Station Khorabar, District Gorakhpur, the applicant has not been remanded to judicial custody. It is further contended that the applicant is in jail since 16.4.2011, therefore, he is entitled for bail.
Learned AGA opposed the prayer for bail on the ground that recovery of motorcycle from the possession of the applicant and other co accused, the applicant is not entitled for bail.
Considering the facts and circumstances and the nature of the offence of the case, without expressing any opinion on the merit of the case, it is a fit case for bail.
Let the applicant Mirza Rais Beg be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned in case crime no. 245 of 2011, under section 3 (1) U.P. Gangster Act, P.S. Khorabar, district Gorakhpur with the following conditions;
1. The applicant will not tamper with the evidence.
2. The applicant shall not pressurize/intimidate the prosecution witnesses during trial.
3. The applicant will appear at the police station concerned in the first week of every month to show his good conduct and behaviour.
In defiance of any of the aforesaid conditions, the court will be at liberty to cancell the bail of the applicant and to take him into custody.
Order Date :- 18.7.2011 Gss