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.
The submission of learned counsel for the applicant is that in the present case, none is named in the F.I.R. It is further submitted that on 23.10.2009, the accused-applicant was apprehended by the police alongwith four other accused persons. As alleged, Rs.3000/- and one knife was recovered from the possession of the accused-applicant.
Learned counsel for the applicant submits that the police has connected the accused-applicant with the present case after the alleged recovery. It is submitted that the recovered amount belongs to accused-applicant. No identification has taken place to connect the accused-applicant with the present crime. In the present case the Gangster Act has also been slapped upon the accused-applicant and three cases have been shown against him in the Gang Chart including the present case. In the remaining two cases the applicant is on bail, as averred in para 11 of the bail application.
It is further submitted by learned counsel for the applicant that the police has slapped this case under the Gangster Act against the accused-applicant, in vengeance, so that the accused-applicant may languish in jail for a considerable long period. The applicant is in jail since 23.10.2009, as averred in para 18 of the bail application and there is no previous criminal history prior to this arrest.
Considering the overall aspects of the matter and without entering into the merit of the case, I hereby provide that the applicant, Ram Lochan alias Tarun Kumar be released on bail in Case Crime No.261/2009, under Sections 395, 397, 412 I.P.C. and Section 3(i) of U.P. Gangsters and Anti Social Activities (Prevention) Act, P.S. Paraspur, District Gonda, 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 :- 28.1.2010 Kpy