HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 21 Case :- BAIL No. - 7422 of 2011 Petitioner :- Rakesh Respondent :- The State Of U.P Petitioner Counsel :- A.K Awasthi Respondent Counsel :- Govt. Advocate Hon'ble Virendra Kumar Dixit,J.
Heard learned counsel for the applicant/accused, learned A.G.A. for the State and perused the F.I.R. and other relevant documents on record.
The accused-applicant is involved in Case Crime No.726 of 2007 under Sections 392, 411 I.P.C. and 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station Purwa District Unnao.
Submission of the learned counsel for the accused-applicant is that as alleged, few golden and silver articles, which were looted from the shop of the informant have been recovered from the possession of the accused-applicant. It is further submitted that accused-applicant has been falsely implicated in this case due to enmity as the alleged golden and silver articles have not been recovered from his possession. That the accused-applicant was not named in the F.I.R. It is further submitted that four cases have been shown in the gang chart against the accused-applicant in which in two cases he has been acquitted by the learned trial court as averred in paras 13 and 14 of the affidavit and the third cases relating to case Crime No.733 of 2007 under Section 3/25 Arms Act is not covered under the purview of Gangster Act and the fourth case is the present one. It is further submitted that this case under U.P. Gangsters and Anti-Social Activities (Prevention) Act, has been slapped on the accused-applicant by the police, in vengeance, so that he may languish in jail for a considerable long period. The accused-applicant has no previous criminal history or previously convicted in any case except the cases shown in the Gang Chart as averred in para 15 and he is languishing in jail since 16.7.2007 as averred in para - 10 of the affidavit.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, perusing the record and considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for bail.
Let the accused-applicant (Rakesh) involved in the aforesaid Case Crime No.726 of 2007 under Sections 392, 411 I.P.C. and 2/3 U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station Purwa District Unnao be released on bail on his furnishing a personal bond of Rs.65,000/- and two local and reliable sureties each in the like amount to the satisfaction of the court concerned after proper verification of the sureties and also permanent address of the accused-applicant with the following conditions :
(1) That the accused-applicant shall not tamper with prosecution evidence by intimidating or terrorising the witnesses. (2) That he shall not indulge in any criminal activities or commission of crime after being released on bail. (3) That he will co-operate with speedy trial.
In case the accused-applicant flouts any of the aforesaid conditions the learned trial court for cancellation of bail shall proceed against him in accordance with law.
Order Date :- 21.10.2011 sks