Rajesh Dayal Khare, J. - (1.) SUPPLEMENTARY affidavit filed today in Court by learned counsel for the applicants is being taken on record. Heard learned counsel for the applicants, learned AGA for the State and perused the material placed on record.
(2.) THE present bail application has been filed by the applicants in case crime No. 914 of 2009, under Section 2/3 U.P. Gangsters and Anti Social Activities (prevention) Act 1986, police station Kotwali Nagar, District Bulandshahr with the prayer to enlarge them on bail. It is contended by the learned counsel for the applicants that according to gang chart, copy of which has been filed as annexure -2 to the affidavit accompanying the bail application, two cases being case crime No. 879 of 2009 under Section 302 IPC and case crime No. 887 of 2009 under Section 25 Arms Act have been registered against the applicant No. 1 and against applicant No. 2 two cases being case crime No. 879 of 2009 under Section 302 IPC and case crime No. 888 of 2009 under Section 25 Arms Act have been registered and in case crime No. 879 of 2009 both the applicants have been acquitted vide order dated 17.12.2012 passed by Additional Sessions Judge, Court No. 12, Bulandshahr, copy of acquittal order has been filed as annexure -S.A. -2 to the supplementary affidavit. It is further contended that second case under the applicants is under Arms Act which does not fall under the purview of Gangster Act. It is next contended by the learned counsel for the applicants that the applicants are in jail since 2.11.2009 and in case they are enlarged on bail, they will not misuse the liberty of bail.
(3.) LEARNED A.G.A. has opposed the prayer for bail.;