ISMAIL 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.358 of 2007, under Sections 2/3 U.P. Gangster Act, Police Station Itaunja, District Lucknow. It is submitted that out of two cases shown in the gang chart he has been acquitted in Case Crime No.276 of 2006, under Sections 396/201 I.P.C. and in other Case Crime No.80 of 2007, under Sections 396, 201, 412 I.P.C. he is on bail. It is claimed that no recovery is alleged from him in this case. Moreover he has been granted bail vide (Annexure-6). He is said to be in jail for the last more than two years. There is no 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 on heavy sureties and on some condition. Let the applicant (Ismail) be enlarged on bail on his furnishing a personal bond of Rs.40,000/- and two sureties in the like amount to the satisfaction of the Magistrate/court concerned. It is further provided that if the applicant does not cooperate with the trial or absents himself without any sufficient cause the court below can cancel his bail.