Court No. - 10 Case :- BAIL No. - 4902 of 2010 Petitioner :- Avdhesh Kumar Respondent :- State Of U.P. Petitioner Counsel :- Manoj Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the applicant, learned AGA for the State and
perused the record.
This is bail application to release the applicant in case crime No. 703 of 2009
under Section 2/3 U.P. Gangster Act, P.S. Thakurganj, District Lucknow.
From the perusal of the gang-chart, it reveals that only on the basis of case
crime No. 108 of 2009 under Sections 394, 392, 411, 120-B IPC accused has
been challened by the police under the provisions of Gangster Act.
Learned counsel for the applicant argued that applicant was not named in the
FIR of the case crime No. 108 of 2009 and nothing was recovered from his
possession and on saying of the co-accused he was involved in that case.
There is no other criminal history of the accused-applicant. It was further
argued that he has already been released on bail in case crime No. 108 of
2009 under the order of learned Session Judge. Copy of the bail order is
available on the record as Annexure-3. Co-accused with the similar role was
challened under the Gangster Act has already been released on bail. Copy of
the bail order was furnished by the learned counsel for the applicant.
Learned AGA conceded that no other criminal history of the accused-
applicant is reported by the police.
Learned counsel for the applicant argued that learned Sanctioning Authority
has not applied his mind and sanction was granted to prosecute him under the
Gangster Act. It was further argued that to keep him in jail for long period
only he has been challaned by the police in this matter.
Seeing the facts and circumstances of the case and considering the arguments
of the learned counsel for the parties, I find it is a fit case to release the
accused-applicant on bail. Accordingly, let appellant Avdhesh Kumar be
released on bail on his furnishing a personal bond with two sureties each in
the like amount to the satisfaction of court concerned.
Order Date :- 2.7.2010
Rakesh