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1986 DIGILAW 900 (ALL)

Girdhari Lal v. State of U. P

1986-11-28

D.N.JHA

body1986
JUDGMENT D.N. Jha, J. - This is an application for bail in which the applicants have been run down u/s 3 (2) of the Gangsters Act. I have heard learned counsel for the parties. In this case notice to the State was given on 27.10.86. Unfortunately when it is presented before the court-the employees are on strike naturally Government Advocate is without any instructions. The perusal of the facts indicates that applicants are facing trial u/s 302 but in that case they are on bail. In two cases final reports have been submitted. There are two other petty offences. The history thus cannot be said to be that of land case criminals. If they were desperate criminals then proceeding under N.S.A. could have been initiated. It appears that the provisions of the Gangsters Act have been applied just because these applicants were bailed out in the murder case. In my opinion therefore case for bail is made out. The learned counsel for the State argued that applicants are normally in the habit of suppressing offences in which they are involved. Learned counsel for applicants suggested that applicants may be bailed out and date be fixed when all applicants will appear and if facts given out in application are found incorrect they may be taken into custody. In my opinion the offer is genuine, why, because of want of instruction, any person should be made to suffer. It is, therefore, ordered that applicants will be released on bail on their furnishing adequate sureties and a personal bond to the satisfaction of special judge concerned. The applicants will be directed to appear before this court on 7.1.1987. List this petition on 7.1.87 for orders.