RAM SAJIWAN MAURYA Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER affidavit filed today is 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.171 of 2009, under Section 2/3 Gangster Act, Police Station Dalmau, District Rae Bareli. It is submitted that in the sole case shown in the gang chart he has already been granted bail (Annexure- 4) after taking into consideration mainly the fact that he was not named in the F.I.R. It is said that he has not misused that bail till date and there is no likelihood of his committing any crime if he is enlarged on bail in this case. He is said to be in jail from 05.02.2009. 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 (Ram Sajiwan Maurya) 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.