ATIQUE AHMED Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THIS bail application, after being released by some Hon'ble Judges of this Court, was nominated to this Bench by an order of Hon'ble the Chief Justice dated 17th of January 2012 when I was sitting in a Division Bench and subsequently it was listed and heard before this Bench on 30th and 31st of January 2012. THIS is how, this bail application was placed before and is being disposed off, by this Bench.

(2.) HEARD Sri Satish Trivedi, Sri Daya Shanker Misra, learned Senior Advocates assisted by Sri Ravindra Sharma and Sri Khan Saulat Hanif for the applicant. Sri S.G.Hasnain, learned Addl. Advocate General assisted by Sri Mewa Lal Shukla, learned counsel for the State and Sri Shyam Kumar Singh holding brief of Sri Arvind Srivastava for the Intervenor.

(3.) IT is alleged in the first information report that while the informant was on patrol, he was informed by the people that the applicant has an organised gang of 11 members, including himself, which indulges in anti social activities for pecuniary gain for its members, jointly and severally and commits offences punishable under Chapters (xvi), (xvii) and (xxii) of Indian Penal Code. IT discloses a list of eight cases and mentions that the gang chart was approved by the District Magistrate on 27.9.2007. This information was lodged on 30.9.2007 at the police station at 15 minutes past mid night.