Learned counsel for the applicant files supplementary affidavit and learned A.G.A. files counter affidavit which are taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State. The accused-applicant Guddu Tiwari @ Surendra Tiwari is involved and detained in Case Crime No. 428 of 2009, under Section 307 I.P.C., 7 Criminal Law Amendment Act and 3 (1) U.P. Gangster Act, from Police Station Tarabganj, District Gonda.
The submission of learned counsel for the applicant is that the occurrence relates to police encounter in which no member of the police party is said to have sustained any injury. The accused applicant has been challaned under the Gangster Act too. As many as five cases have been shown against the accused in the gang chart in which he is on bail. Therefore, accused applicant, also deserves to be released on bail in this case.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, accused applicant may be released on bail. Let applicant Guddu Tiwari @ Surendra Tiwari be released on bail in 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.
Order Date :- 22.6.2010 Renu