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 there is no evidence against the accused-applicant with regards to the allegations of extortion. It is further submitted that in the Gang Chart only three cases are shown including the present one and in the other two cases i.e. Case Crime No.744/2005, under Section 302 I.P.C. and Case Crime No.9/2006, under Sections 3/25/27 of Arms Act, the accused-applicant is on bail.
Learned counsel for the applicant also submits 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 24.9.2009, as averred in para 7 of the bail application.
Considering the overall aspects of the matter and without entering into the merit of the case, I hereby provide that the applicant, Vishal Yadava be released on bail in Case Crime No.838/2009, under Sections 384, 506 I.P.C. & Section 2/3 U.P. Gangsters & Anti-Social Activities (Prevention) Act, P.S. Hazratganj, District Lucknow, 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 :- 1.2.2010 Kpy