Rahim Bux alias Raju Muslim vs State of U.P.

Alok K. Singh, J.

Heard the learned counsel for the applicant, learned A.G.A. and perused record.

The applicant is involved in Case Crime No.861 of 2008, under Section 2/3 U.P. Gangsters Act, Police Station Khiron, District Rae Bareli.

It is submitted on behalf of the applicant that all the three cases shown in the gang chart are of petty nature and he is on bail in all those cases which he has not misused till date. It is also submitted that there is no likelihood of his committing any crime if he is enlarged on bail in this case. He is said to be in jail from 03.12.2008.

The bail is however, opposed by learned A.G.A.

The points pertaining to nature of accusation, danger of accused absconding or fleeing if released on bail, character, behaviour and position of the accused, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.

In view of the aforesaid facts and circumstances and without entering into the merits of the case and particularly having regard to the discussion made hereinabove, I find it to be a fit case for granting bail. Let the applicant (Rahim Bux alias Raju Muslim) be enlarged on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the Magistrate/court concerned.