This is an application for bail on behalf of accused applicant, Shiv Kailash Rawat , who is detained in case crime no. 533 of 2009 under Section 3 (1) U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Masauli, Barabanki.
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 nine cases have been shown in the gang chart . Out of which he has been acquitted in one case and is on bail in all other cases. It is further submitted that similarly situated co-accused Kaushal Kumar Rawat, who had criminal history of eight cases has been admitted to bail by Hon'ble Mr Justice Ashwani Kumar Singh under his order dated 30.3.2010 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