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2014 DIGILAW 1828 (ALL)

Lal Babu @ Shashi Prakash Yadav v. State of U. P.

2014-06-06

ARVIND KUMAR MISHRA I

body2014
JUDGMENT Hon'ble Arvind Kumar Mishra-I, J. Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record. 2. By means of the present application, the applicant seeks bail in Case Crime No. 163 of 2014, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Saini, District Kaushambi. 3. The contention on the behalf of the applicant has been raised to the extent that the applicant has been falsely implicated in this case due to enmity of election of village Pradhan. In two cases shown against the applicant in the gang chart, the applicant has already been enlarged on bail. Photocopies of the bail orders are annexed as annexures no.3 and 4 to the affidavit filed in support of the bail application. 4. Learned counsel for the applicant has further submitted that the applicant has no criminal history to his credit except two cases shown in the gang chart. In case the applicant is granted bail, he will not misuse the liberty of bail. He will cooperate with the trial. The applicant is in jail since 18.04.2014 in the present case. 5. Learned AGA has opposed prayer for bail. 6. Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail. Accordingly, bail application is allowed. 7. Let the applicant Lal Babu @ Shashi Prakash Yadav involved in Case Crime No. 163 of 2014, under Sections 2/3 U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station Saini, District Kaushambi, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.