Heard learned counsel for the applicant, learned A.G.A. and perused the F.I.R. and other relevant papers filed in support of the bail application.
Counter affidavit and supplementary affidavit filed today, are taken on record.
The submission of learned counsel for the applicant is that, as alleged, accused-applicant was not arrested on the spot and had fled away when other co-accused persons were arrested. It is contended that nothing incriminating was recovered from the possession of the accused-applicant. The applicant surrendered in the court. Learned counsel submits that it is highly surprising that as many as 10 accused persons were arrested at the spot but only present applicant could manage to escape. There is no previous criminal history of the accused-applicant and no evidence on record to connect the accused-applicant with present crime. The applicant is in jail since 30.11.2008, as averred in para 14 of the bail application.
Considering the overall aspects of the matter and without entering into the merit of the case, I hereby provide that the applicant, Anshu Singh alias Chotu Singh be released on bail in Case Crime No.652/2009, under Sections 489A, 489B, 489C I.P.C. and Section 3(1) U.P. Gangsters & Anti-Social Activities (Prevention) Act, P.S. Rehra Bazaar, District Balrampur, on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand magistrate.
Order Date :- 1.2.2010 Kpy