PESHKAR MOURYA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant, learned A.G.A. and perused record. The applicant is involved in Case Crime No.171 of 2008, under Sections 394, 302/411 I.P.C. and 3 (1) U.P. Gangster Act, Police Station Kotwali Dehat, District Balrampur. As against the complicity of the applicant it is submitted that the F.I.R. is against unknown persons and the incident is of late evening. The alleged recovery is of amount of Rs.200/- and a country made pistol after about seven days of the incident but there is neither any identification of the money nor of the applicant in accordance with the established practice and procedure. In respect of gang chart it is submitted that the case under Section 307 I.P.C. and 25 Arms Act has been slapped in the same sequence. Besides one more case under Case Crime No.323 of 2006 has been shown. In both the cases he is said to be on bail which he has not misused till date and there is no likelihood of his committing any similar crime if he is enlarged on bail in this case. Lastly it is pointed out that co-accused Anjani Lal Gautam @ Ajay (there is an alleged recovery of Rs.350/-) having almost similar allegation against him, has already been enlarged on bail vide (Annexure-2). He is said to be in jail from 27.04.2008. 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 ground of parity, I find it to be a fit case for granting bail. Let the applicant (Peshkar Mourya) 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.