ARDEY Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER and rejoinder affidavits filed today are taken on record. Heard the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.923 of 2008, under Sections 379, 411 I.P.C. and 3 (I) of U.P. Gangster and Anti Social Activities (Prevention) Act, Police Station Gilaula, District Shrawasti. It is submitted that the offences are triable by Magistrate and nature of accusation is also not very grave. 47 meters of cable is said to be the material in question which was allegedly recovered but there was no connecting evidence that this material in fact belongs to the Government Department. It is said that the provisions of Gangster Act have been slapped on account of this sole case only (Annexure-2). He is said to be in jail from 03.10.2008. There is no other criminal history against him. The bail is however, opposed by learned A.G.A. The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered. In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Ardey) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.