The court allowed the bail application of Pradeep Yadav accused under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, recording that he is falsely implicated and has been in jail for over two months.
Pradeep Yadav released on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40398 of 2018
Applicant :- Pradeep Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Bipin Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
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, four 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 19.8.2018 (more than 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.
On the other hand, learned A.G.A. opposed the prayer for bail but 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 oFpinion 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 Pradeep Yadav involved in Case Crime No. 336 of 2018, under Section 3(i) of U.P. Gangster and Anti Social Activities (Prevention) Act, 1986, Police Station Chauri Chaura, District -Gorakhpur 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:
threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.10.2018 OP
2 issues framed by the court
Whether the applicant qualifies for bail under the U.P. Gangster and Anti Social Activities (Prevention) Act, 1986 despite the nature of the offence.
Whether the applicant has made out a case for bail by showing false implication and lack of real danger.
1 provisions across 1 enactments
Pradeep Yadav
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
