Court allowed bail application under U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 despite nature of offence, as applicant had no criminal history apart from gang chart and made out a case for bail.
Applicant released on bail by furnishing personal bond and two sureties each in the like amount subject to standard conditions.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37068 of 2018
Applicant :- Masroor Opposite Party :- State Of U.P. Counsel for Applicant :- P.S. Chauhan 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, two 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 3.8.2015 (near about three years and two months) 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 Masroor involved in Case Crime No. 594 of 2015, under Section 2B(II)/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Deoband, District - Saharanpur 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 :- 27.9.2018
A. Singh
2 issues framed by the court
Whether the applicant is eligible for bail in a case under Section 2B(II)/3 U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 where he has no prior criminal history.
Whether the applicant has made out a case to be released on bail despite the severity of punishment under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986.
1 provisions across 1 enactments
Masroor
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
