Criminal Misc. Bail Application allowed. Court held the applicant, already on bail in another gang case, was falsely implicated and made out a case for bail under the U.P. Gangster Act despite the severity of punishment.
Applicant released on bail on furnishing a personal bond and two sureties each, subject to standard bail conditions.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30908 of 2018
Applicant :- Tikaram Opposite Party :- State Of U.P. Counsel for Applicant :- Narendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that according to gang chart, one cases had been shown against accused applicant and he is on bail. The applicant has been falsely implicated in the present case. He is languishing in jail since 11.7.2018 (more than one month) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It is further submitted that no bail cancellation application has been moved till today regarding the cases shown in the gang chart.
Learned A.G.A. opposed the prayer for bail and admitted that there is no criminal history against the applicant except the gang chart and further he could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Gangster and Anti Social Activities (Prevention) Act, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Tikaram involved in Case Crime No. 188 of 2018, under Section 2/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Bewar, District - Mainpuri be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 16.8.2018
A. Singh
2 issues framed by the court
Whether the applicant, falsely implicated and already on bail in another gang case, is entitled to bail in the present case under the U.P. Gangster Act.
Whether the applicant has made out a case for bail despite the nature of the offence under the Gangster Prevention Act.
1 provisions across 1 enactments
Tikaram
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
