Heard the learned counsel for the applicant and learned A.G.A. for the State as well as perused the documents available on the record.
The accused-applicant Amit Singh alias Ulla Singh is involved and detained in Case Crime No. 454 of 2009, under Sections 394, 302, I.P.C. & Section 3 (I) of U.P. Gangster Act, from Police Station Kotwali Nagar, District Balrampur and he has applied for bail.
The submission of the learned counsel for the accused applicant is that no accused was named in the FIR lodged by the complainant Ibney Hasan. Later on, complainant has named the accused Daara Singh, Kashi Ram, Neta alias Mewa Lal and Amit Singh alias Ulla in his statement recorded by the Investigating Officer under Section 161 Cr.P.C. If the accused were well known to the complainant and he had identified them, then he was expected to disclose the name of the accused in the F.I.R. In view of this fact, the co-accused Daara Singh has already been ordered to be released on bail by this Court, vide order dated 6.5.2010, passed in Criminal Misc. Case No. 1504 (B) of 2010. The complainant in his statement recorded by the Investigating Officer under Section 161 Cr.P.C. has falsely named the accused applicant just on account of enmity. The further submission of the learned counsel for the accused applicant is that the accused applicant has been challaned under Section 3(i) of U.P. Gangster Act too. A criminal history of as may as four cases has been shown against him in the gang chart. Two cases relate to Goonda Act, one case relates to N.D.P.S. Act and one case relates to under Section 110 Cr.P.C. These cases are not covered under the Gangster Act. Therefore, accused applicant deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the accused applicant and the learned A.G.A.
The accused applicant was not named in the F.I.R. lodged by the complainant. The complainant later on named the accused applicant as well as other accused in his statement recorded by the Investigating Officer under Section 161 Cr.P.C. Keeping in view the totality of the facts and circumstances of the case as well as the fact that the co-accused Daara Singh has already been ordered to be released on bail by this Court, without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Amit Singh alias Ulla Singh be released on bail in the aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
29.06.2010 Sanjay/-