RAVINDRA SINGH, J. - (1.) THIS appli ­cation has been filed by the applicant Sheikh Abrar Ahmad with a prayer that he may be released on bail in case crime No. 113 of 2007 under sections 147, 148, 323, 504, 506, 406, 420 and 34 I.P.C. and section 7 of the Criminal Law Amendment Act and section 2/3 of U.P. Gangster and Anti So ­cial Activities (Prevention) Act P.S. Kareli district Allahabad.
(2.) THAT the facts of the case in brief are that the F.I.R. of this case has been lodged by Mohd. Arif against the applicant and other co -accused persons on 16.6.2007 at 8.10 p.m. under sections 147, 148, 323, 504, 506, 406, 420 and 34 I.P.C. and section 7 of the Criminal Law Amendment "Act and section 2/3 of U.P. Gangster and Anti So ­cial Activities (Prevention) Act has already been added by the I.O. The allegation against the appli ­cant is that the applicant and other co -accused persons have formed a Society, they were doing plotting by the name Alina City and were taking plots for the purpose of sale and they were taking advance money. It is alleged that the first informant also made contact with the Society in its office. He was informed that the land in the name of the Society, its lay out has been passed and all the documents were perfect. He took a plot having the area of 200 Sq. Yard at Rs. 100/ - per Sq. Yard, its total cost was Rs. 2 lacs, the first informant was assured that after deposit of the total amount of Rs. 2 lacs, its sale deed shall be executed in favour of the first informant. The first informant was not having the total amount of Rs. 2 lacs, it was settled that the amount shall be paid in three instalments, he deposited the total amount of Rs. 75,000/ - within six months prior lodging the F.I.R. No receipt of payment was given, after sometimes the first informant knew that the land was belonging to the Sched ­uled Caste and no permission of sale was obtained from the District Magistrate, but after intimidation the land was acquired by the applicant and other co -accused persons. Its lay out was not passed by the Allahabad Development Authority, Allahabad there ­after the first informant changed his idea of purchasing the land, he demanded the money but the same was not returned to him. He was abused and was extended threat. The applicant applied for bail before the learned Special Judge Gangster Act, Allahabad who rejected the same on 19.7,2007. Being aggrieved from the order dated 19.7.2007, the applicant moved the present bail application.
(3.) HEARD Sri V.P. Srivastava, Senior Advocate assisted by Sri Lav Srivastava, learned Counsel for the applicant and Sri Mewa Lal Shukla, learned A.G.A. for the State of U.P.;