VINOD KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) COUNTER affidavit filed today be kept on record. Heard learned counsel for the applicant and the learned Additional Government Advocate. The applicant, Vinod Kumar is involved in Case Crime No. 1329 of 2008, under Section 3/2 U.P. Gangster Act, Police Station Mill Area, District Raebareli. Learned counsel for the applicant has submitted that in the gang chart accompanying the F.I.R. only one case has been mentioned against the petitioner, namely, Case Crime No.1066 of 2008, under Section 302 I.P.C., Police Station Mill Area, District Raebareli. It has been further submitted on behalf of the applicant that the applicant is not named in the F.I.R. of Case Crime No. 1066 of 2008 and even in the said case the applicant has been granted bail. The bail is, however, vehemently opposed by the learned Additional Government Advocate. I have examined the submissions made on behalf of the learned counsel for the parties and gone through the record. The gang chart appended to the F.I.R. discloses only one case against the applicant in which he has been granted bail. The points pertaining to nature of accusation, 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, without entering into the merits of the case , I find it to be a fit case for granting bail. Let the applicant, Vinod Kumar be enlarged on bail in the aforesaid case crime number on his furnishing a personal bond and two local and reliable sureties in the like amount to the satisfaction of the court concerned. It is further provided that if the applicant does not co-operate with the trial or absents himself without any sufficient reason, the court below can cancel his bail.