Allahabad High Court
Prem Narayan Pandey vs State Of U.P. on 29 June, 2010
Author: Raj Mani Chauhan
Bench: Raj Mani Chauhan
Court No. 20
Criminal Misc Case No. 4846 (B) of 2010
Prem Narayan Pandey Applicant
Vs
State of U.P Opp. Party
Hon'ble Raj Mani Chauhan, J.
Learned counsel for the applicant files rejoinder affidavit and supplementary affidavit and learned A.G.A. files counter affidavit, which are taken on record.
Heard learned counsel for the applicant and learned A.Ġ.A. for the State.
The accused-applicant Prem Narayan Pandey is involved and detained in Case Crime No. 393 of 2010, under Sections 3 (1) of U.P. Gangster Act and Anti Social Activities (Prevention Act), 1986, from Police Station Kotwali Nagar, District Gonda.
The submission of learned counsel for the applicant is that accused applicant has been challaned under Section 3 (1) of U.P. Gangster Act only on the basis of single case i.e. Case Crime No. 362 of 2010, under Sections 302, 109, 120-B I.P.C. and 7 Criminal Law Amendment Act, Police Station Kotwali Nagar, District Gonda in which he is already on bail. Learned counsel for the applicant further submits that in para 7 of the counter affidavit filed on behalf of the State, a criminal history of five cases has been shown against the accused. The crime no. 68 of 2010, under Sections 147, 148, 149, 323, 302, 506 I.P.C. shown at serial no. 1 in the counter affidavit has wrongly been mentioned while actual crime no. is 362 of 2010 in which the accused applicant is already on bail. In crime No. 118 of 2000, under Sections 147, 148, 149, 302, 506 I.P.C. shown at serial no. 2 the Investigating Officer had submitted final report which was accepted by the learned Magistrate. In crime No. 59 of 2003, under Sections 147, 148, 149, 302, 201 I.P.C. shown at serial No.3, the accused applicant has already been acquitted by the trial court. In Crime No. 49 of 2005, under Sections 379, 352, 504 I.P.C. shown at serial no. 4, the Investigating Officer had submitted final report. In crime No. 120 of 1988, under Sections 379, 304-A I.P.C. shown at serial No. 5 accused applicant has already been acquitted. Therefore, accused applicant also deserves to be released on bail in this case too.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. The accused applicant has been challaned under Section 3 (1) of U.P. Gangster Act only on the basis of one criminal case in which he is already on bail. A criminal history has been shown by the State in the counter affidavit which has been explained by the accused applicant as mentioned above. Keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, accused applicant may be released on bail.
Let applicant Prem Narayan Pandey be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
29.06.2010 Renu/-