IQBAL HUSSAIN Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER affidavit filed on behalf of the State is taken on record to which learned counsel for the applicant does not want to file any rejoinder affidavit. Heard learned counsel for the applicant and the learned Additional Government Advocate. Gone through the FIR, gang chart, bail rejection order, counter affidavit filed on behalf of the State and other documents annexed hereto. It has been argued by the learned counsel for the applicant that the applicant was challaned in Case Crime No. 268 of 2008, under Sections 419, 420, 467, 468, 471 and 120-B IPC & 41/411 IPC, police station Alambagh and as soon as he was granted bail by the competent court, he has been challaned in the present case relating to Case Crime No. 628 of 2008. It has been further argued that no further crime has been committed by the applicant and merely to see that he does not come out from jail the present FIR has been lodged by the police personnel of the concerned police station with mala fide intention. It has been further argued that in the counter affidavit there is no whisper with respect to any other case except the aforesaid case shown in the gang chart. Taking into consideration overall aspects of the matter, I find it a fit case for bail. Let applicant-Iqbal Hussain, accused of Case Crime No. 628 of 2008, under Section 2/3 U. P. Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Alambagh, district Lucknow be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Special Judge concerned.