Learned counsel for the accused applicant files supplementary affidavit and learned A.G.A. files counter affidavit, which are taken on record.
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 Badakau alias Vishambhar Dayal Srivastava is involved and detained in Case Crime No. 383 of 2009, under Section 307 I.P.C. and 3(i) of U.P. Gangster Act, from Police Station Laliya, District Balrampur and he has applied for bail.
The submission of the learned counsel for the accused applicant is that as per Gang chart as many as 11 criminal cases have been shown against the accused applicant. The five criminal cases have been shown in the gang chart under the Arms Act, which do not constitute the offence under the Gangster Act. In three criminal cases the accused applicant has already been acquitted. One case shown in the gang chart at Sl.No. 1 relates to the present case and in the rest of two cases, the accused applicant has already been ordered to be released on bail. Therefore, accused applicant deserves to be released on bail in this case too.
Learned A.G.A. opposed the bail application of the accused applicant.
Considered the submissions of the learned counsel for the accused applicant and the learned A.G.A.
Keeping in view the totality of the facts and circumstances of the case , without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Badakau alias Vishambhar Dayal Srivastava 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.
21.06.2010 Sanjay/-