- (1.) BAIL in Crime No. 553 of 2007 under S.394/411 IPC and S.2/3 U.P. Gangster and Anti Social Activities (Prevention) Act (in short 'the U.P. Gangster Act') as well as S.7 Criminal Law Amendment Act of P.S. Konch, District Jalaun has been sought on behalf of applicant Uma Chandra Awasthi.
(2.) AN FIR was lodged on 23-7-2007 at 3.35 p.m. at P.S. Konch, District Jalaun by Chandra Mohan S/o Vishambhar Prasad Gupta, resident of Keshopur, P.S. Shahjanwa, District Gorakhpur. He was posted as Accountant in M/s. A. K. Trading Company Konch. On the basis of that FIR a case under Uma Charan Awasthi v. State of U.P. S.394 IPC, 2/3 U.P. Gangster Act and S.7 Criminal Law Amendment Act against two unknown persons was registered. The allegations made in the FIR, in brief, are that the complainant Chandra Mohan along with Sanjay Datiyawale had withdrawn Rs. 11 lac from the State Bank of India, Branch Konch, on 23-7-2007 for the Firm M/s. A.K. Trading Co. Konch. When after withdrawing the money they were going towards the Firm and reached in front of Nathu Ram Inter College Kasba Konch at about 3.00 p.m., two unknown persons having country made pistols in their hands came on foot and stopping the motorcycle of the complainant and keeping tamancha on their kanpati, snatched the bag containing Rs. 11 lac and fled away towards Devi Mata Mandir. The complainant and his companion raised noise, on which police came immediately and chased the miscreants, who were fleeing away making fires. Further case of the prosecution is that after chasing the miscreants, both were apprehended by the police at about 4.30 p.m. On inquiry being made by the police, one miscreant told his name as Uma Charan Awasthi S/o Chheda Lal Awasthi (applicant herein). On his personal search one country made tamancha .315 bore with an empty cartridge in its barrel and Live cartridges were recovered and one bag was also recovered from his left hand, in which Rs. 10 lac were kept. The second miscreant told his name Nazir Khan S/o Aub Khan, r/o Murli Manohar Kasba, P.S. and District Jalaun. On his personal search one country made tamancha .315 bore with empty cartridge in barrel and two Live cartridges as well as one chhuri were recovered and from his shirt Rs. one lac were also recovered which were kept in a plastic bag. It is alleged that prior to the arrest of the accused persons, they fired on the police party with a view to commit the murder of police personnel, but the police personnel saved themselves. Both the accused persons were brought to P.S. Konch, where a case under S.307 IPC and 12/14 U.P. Dacoity Affected Area Act was registered against them at case Crime No. 554 of 2007. 3. I have heard Sri Sanjeev Pandey Advocate appearing for the applicant and Sri Rajiv Tiwari learned AGA for the State and perused the entire record carefully.
(3.) FIRSTLY , it was submitted by the learned counsel for the applicant that false story of making recovery of Rs. 10 lac from the applicant has been concocted by the police and since the applicant has been granted bail vide order dated 23-1-2008, passed in Bail Application No. 2814 of 2008, in the incident of alleged police encounter in which the said recovery has been shown to have been made, hence the applicant is entitled for bail in present case also, as story of alleged police encounter has been found false and on that basis bail has been granted to the applicant in that case.;