N.K.Mehrotra, J. - (1.) Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the State.
(2.) With the consent of both the parties, this petition is being disposed of finally at admission stage.
(3.) It appears that the petitioner was bailed out by this Court in Crime No. 184 of 2003, under Sections 147, 148, 149, 307, 427, 302, 504, 336, I.P.C. and Section 7 of Criminal Law Amendment Act and 3/4 of Prevention of Public Property and Damages Act. After a period of four months, a new Section 3 (1) of U. P. Gangster Act was added in the same crime. In the Gangster chart only two cases were shown ; one in Crime No. 184 of 2003 and another in Crime No. 183 of 2003 and in both the offences the petitioner is on bail. The petitioner instead of moving for his bail on the basis of the earlier order of this Court has preferred the instant petition under Section 482 of the Code of Criminal Procedure. The correct procedure would have been that the petitioner must have applied for bail before the Special Judge, U. P. Gangster Act, Faizabad and the learned Special Judge, U. P. Gangster Act after taking notice of the fact that in the same offence in Crime No. 184 of 2003, the petitioner has already been granted bail, must have enlarged him on bail after taking fresh ball bonds for the purpose of ensuring the attendance of the petitioner in the trial under the U. P. Gangster Act.;