Allahabad High Court
Satish @ Banti Singh And Another vs State Of U.P. on 2 July, 2010
Author: Yogendra Kumar Sangal
Bench: Yogendra Kumar Sangal
Court No. - 10 Case :- BAIL No. - 4908 of 2010 Petitioner :- Satish @ Banti Singh And Another Respondent :- State Of U.P. Petitioner Counsel :- Rakesh Kumar Singh Respondent Counsel :- Govt. Advocate Hon'ble Yogendra Kumar Sangal,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This is bail application to release the applicants in case crime No. 73 of 2010 under Section 3(1) of U.P. Gangster Act, P.S. Maharuwa, District Ambedkar Nagar.
Learned counsel for the applicants argued that on the basis of a case registered under Section 386 IPC, Police has falsely implicated the accused in this case only for the purpose that accused be not released from the jail for a long period. It was further argued that in case under Section 386 IPC, accused- applicants have already been released on bail. Copy of the bail order is available on the record as Annexure-3. Co-accused of this case is said to have been released on bail. Copy of their bail order is also available on the record as Annexure-4 and 5 respectively.
Learned AGA conceded that only on the basis of single case both the accused- applicants have been involved in the case.
Learned counsel for the applicants further argued that learned Sanctioning Authority has not applied its mind to the facts of the case before granting the sanction. No case under Section 3(1) U.P. Gangster Act is made out in the facts and circumstances of the present case. No other criminal history of the accused-applicants is stated by the police.
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-applicants on bail. Accordingly, let applicants Satish @ Banti Singh and Seelu Singh @ Abhishek Singh be released on bail on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned.
Order Date :- 2.7.2010 Rakesh