LAWS(ALL)-2009-7-216

SHANKAR Vs. STATE OF U.P.

Decided On July 03, 2009
SHANKAR Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) COUNTER -affidavit filed by the learned A.G.A. and rejoinder affidavit filed by the applicant's Counsel are taken on record. Heard learned Counsel for the appli­cant, learned A.G.A. for the State and pe­rused the record.

(2.) IT has been pointed out by the learned Counsel for the applicant that the applicant was apprehended after an al­leged incident of firing at the police party wherein none was injured, and after that the applicant was made an accused of the offence of section 2/3 U.P. Gangster Act also without obtaining approval of the District Magistrate, and the same has been obtained after about ten months of the incident, on 24.4.2009. It has also been pointed out that the applicant is on bail in all the cases shown in the gang-chart. Cop­ies of the bail orders.filed as annexures have been cited by the learned Counsel in support of this contention. The above con­tentions have not been disputed by the learned A.G.A.

(3.) LET applkant, Shanker, involved in Case Crime No. 463 Of 2008, under sections 147,148,149,307 and 504IPC and 2/3 U.P. Gangster and Anti-social Activities (Pre­vention) Act, Police Station Machharehta, District Sitapur, be enlarged on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the Court concerned. Bail Granted.