This is an application for bail on behalf of accused applicant, Rama Kant Yadav alias Neetu, who is involved in case crime no. 468 of 2008 under Section 2/3(1) U.P. Gangster and Anti Social Activities (Prevention) Act.
Heard the learned counsel for the applicant and the learned A.G.A for the State.
It is argued on behalf of the applicant regarding the genuineness of the prosecution case that the applicant has been falsely involved in the case . That only two cases have been shown in the gang chart against the applicant,. Out of which one case relates to Arms Act and another case is under Section 302 I.P.C. It has further been submitted that applicant has been admitted to bail in both the cases and co-accused Ram Babu Yadav, who was involved in the case under Section 302 I.P.C. has been admitted to bail and as such the applicant also deserves bail.
The bail is opposed by the learned A.G.A.
I have considered the respective submissions made by the parties. The nature of accusation, severity of punishment in case of conviction, the nature of supporting evidence, possibility of threat to the witnesses by the applicant, genuineness of the prosecution case and broad spectrum of the proposed evidence have also been duly considered. Roving inquiry into the pros and cons of the material is not necessary. Similarly situated co-accused, as stated above , has been admitted to bail. In view of the facts and circumstances of the case and nature of the offence, I am of the opinion that it is a fit case for granting bail.
Let the applicant be released on bail on his furnishing a personal bond with two reliable sureties each to the satisfaction of the Chief Judicial Magistrate concerned.
Order Date :- 23.6.2010 Tripathi