The Single Judge allowed bail to the accused Himanshu Kumar under the U.P. Gangsters Act, noting a lack of evidence regarding violent activities or disturbance of public order.
Release granted to applicant on personal bond and two reliable sureties.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11271 of 2018
Applicant :- Himanshu Kumar Opposite Party :- State Of U.P. Counsel for Applicant :- Shyam Narain Pandey,Shravan Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Himanshu Kumar, who is involved in Case Crime No. 0003 of 2018, under Section 3 (1) of U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986, Police Station - Cantt, District - Gorakhpur.
It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There are three cases shown in the gang chart at Case Crime Nos. 935 of 2017, 1105 of 2017 and 1260 of 2017 in which he is on bail. The applicant has been made accused in all the aforesaid cases only on the basis of confessional statement of accused before police. Copy of bail orders have been collectively annexed at Annexure No. 3 of the affidavit appended to the bail application. The applicant has no other criminal history. He undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 09.11.2017.
Per contra, learned A.G.A. has opposed the prayer for bail.
There is no evidence on record to show that the applicant was indulged in activity with violence or threat or show of violence, or intimidation, or coercion and that activity has been done with the object of disturbing public order or of gaining any undue temporal, pecuniary, material or other advantage for himself or any other person.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Himanshu Kumar be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed.
Order Date :- 28.3.2018 I. Batabyal
1 issue framed by the court
Whether the present case constitutes a fit case for granting bail under the U.P. Gangsters and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Himanshu Kumar
Umesh Chandra Tripathi
As recorded by the court registry
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