- (1.) A. Mateen, J. Heard learned Counsel for the applicant and learned Additional Public Prosecutor.
(2.) NOTICE of this bail application was given to the learned Additional Public Prosecutor on 26-8-2003 but till date no counter affidavit has been filed. This bail application was moved on 13-2-2004 on which date following order was passed: "put up on 24-2-2004, by which date the A. P. P. shall file counter affidavit. " Today again it has been stated by learned Counsel for the State that he has not been able to receive instructions so as to enable him to file counter affidavit. Sufficient time has been afforded to the learned Additional Public Prosecutor to file counter affidavit. I have gone through the FIR as well as bail rejection order and contents of paras-14 and 15 of the bail application.
(3.) IN para-14 it has been stated that the accused applicant has been acquitted in case relating to case crime No. 125 of 1998 under Sections 452/504/506/307 IPC and case crime No. 126 of 1998 under Section 3/25 Arms Act of police station Bighapur, District Unnao and even in case crime No. 21 of 1993 under Sections 323/504 IPC read with Section 3 (1) X SC/st Act of police station Bighapur and also in case crime No. 17 of 2003 under Sections 323/504 IPC. It has been stated in para-15 of the bail application that the case relating to case crime No. 1 of 2002 under Sections 364/342/323/302/201 IPC and case crime No. 145 of 2003 under Sections 384/323/504/506/452 IPC read with Section 7 Criminal Law Amendment Act of police station Bighapur, District Unnao as well as case crime No. 14 of 1996 under Sections 504/506 IPC are pending but in all the three cases he has been released on bail. Without entering into depth and merit of this case so as to prejudice the prosecution case, I find it a fit case for bail and direct that applicant Jagat Pal an accused of case crime No. 181 of 2003 under Section 3 (1) U. P. Gangsters Act of police station Bighapur, District Unnao be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of Special Judge concerned. Application allowed. .;