JUDGEMENT
A.Mateen, J. -
(1.) ALTHOUGH notice of the bail application was given to learned Government Advocate on 21st April, 2009 and also on 11.05.2009 in view of Section 19 U. P. Gangsters and Anti Social Activities (Prevention) Act, 1986 this Court granted ten days' further time for filing counter affidavit, but no counter affidavit has yet been filed. It is unfortunate that up-till date no counter affidavit has been filed by the investigating officer of Case Crime No. 373 of 2008, police station Mohammad Pur Khala, district Barabanki. Heard learned counsel for the applicant and the learned Additional Government Advocate. Gone through the FIR, bail rejection order, gang chart, supplementary affidavit filed by the applicant and also bail order of co-accused Bahadur passed by this Court in Criminal Misc. Case No. 1027 (B) of 2009 on 4th March 2009. It is a case where it comes out from the gang chart that the applicant and co-accused Bahadur were challaned in three cases relating to Section 136-A Electricity Act and as submitted by the learned counsel for the applicant on each & every occasion the applicant was released on bail. It is prayed that since co- accused Bahadur has already been released on bail by this Court vide order dated 04.03.2009 (Annexure-4 to the affidavit filed in support of bail application), the applicant may also be released on bail on the ground of parity. It is averred that the applicant is in jail since September, 2008 While granting bail to co-accused Bahadur, this Court was of the view that in all cases Bahadur had been enlarged on bail and he was not named. Taking into consideration overall aspects of the matter and without commenting any further on merit of the case, I find it a fit case for bail. Let applicant-Mishri Lal alias Tedhe, accused of Case Crime No. 373 of 2008, under Section 3 (1) U. P. Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Mohammad Pur Khala, district Barabanki be also released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Special Judge concerned. Let a copy of this order be transmitted to Superintendent of Police, Barabanki as well as Director General of Police (Prosecution) for taking such necessary action against the investigating officer concerned, who, in spite of order having been passed by this Court and information having been sent by the office of Government Advocate, has not cared to file counter affidavit in the present case. Registrar of this Court shall transmit copy of this order to the said officers within three days.;
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