Learned counsel for the applicant files rejoinder affidavit, which is taken on record.
Heard learned counsel for the applicant and learned A.Ġ.A. for the State.
The accused-applicant Pappu Patharkat is involved and detained in Case Crime No. 625 of 2009, under Sections 401 I.P.C. and 3 (1) of U.P. Gangster Act, from Police Station Kotwali Dehat, District Balrampur.
The submission of learned counsel for the applicant is that criminal history of six cases has been shown against the accused in the gang chart. The accused applicant is said to have been arrested by the police under Section 401 I.P.C. while he was making plan for committing theft. He was found in possession of one knife. Consequently, accused applicant has been challaned under Section 4/25 Arms Act. He has been slapped the Gangster Act too. A case crime No. 625 of 2009, under Section 401 I.P.C. and Case Crime No. 626 of 2009, under Section 4/25 Arms Act relate to the present case and in rest four cases accused applicant is on bail. He, therefore, also deserves to be released on bail.
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 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 Pappu Patharkat 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.
28.06.2010 Renu/-