ASHWANI GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD learned counsel for the applicant and the learned Additional Government Advocate. Gone through the FIR, bail rejection order, gang chart and also counter and rejoinder affidavits exchanged between the parties. Applicant has been challaned on the basis of FIR lodged on 18.03.2009 at Case Crime No. 406 of 2009, under Section 2/3 U. P. Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Bangarmau, district Unnao. It has been argued by the learned counsel for the applicant that although against the applicant four cases have been shown in the gang chart relating to Case Crime Nos. 64 of 2009, 154 of 2009, 156 of 2009 and 467 of 2006, but three of them, which relates to the year 2009, relate to one and the same incident and in remaining one relating to Case Crime NO. 467 of 2006, under Sections 323, 504/34, 353, 506/292 IPC after trial the applicant has been acquitted. It has been further argued that since Case Crime No. 154 of 2009 is a case of firing on police party wherein no one was injured and outcome of which resulted into registration of two other cases relating to Case Crime Nos. 64 of 2009 and 156 of 2009 respectively. It has been further argued that since the applicant has been released on bail in all the above three case relating to the year 2009, just to see that he does not come out from the jail provisions of U. P. Gangsters and Anti Social Activities (Prevention) Act, 1986 have been imposed by the police personnel by way of lodging the present FIR against the applicant. It has been further argued that co- accused of the present crime number, namely, Zabir and Rahul have already been released on bail by this Court vide orders passed in Criminal Misc. Case Nos. 2811 (B) of 2009 and 2927 (B) of 2009 respectively. Taking into consideration overall aspects of the matter and without commenting any further on merit of the case, I find it a fit case for bail. Let applicant-Ashwani Gupta, accused of Case Crime No. 406 of 2009, under Section 2/3 U. P. Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Bangarmau, district Unnao be also released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Special Judge concerned.