The court allowed a bail application filed by Arun Kumar under the U.P. Gangster & Anti Social Activities (Prevention) Act. The judge found it a fit case for bail and directed the release of the applicant on a personal bond and two sureties.
Release on bail on furnishing a personal bond and two reliable sureties each in the like amount.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4325 of 2018
Applicant :- Arun Kumar @ Anna Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. Perused the record.
This bail application has been moved by the applicant Arun Kumar @ Anna Yadav who is involved in Case Crime No. 128 of 2017, under Section 3 (1) U.P. Gangster & Anti Social Activities (Prevention) Act, Police Station-Airwa Katra, District-Auraiya.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. No offence, whatsoever, is made out against the applicant, who is innocent. Absolutely vague and bald allegations have been levelled against the applicant. There are three cases against the applicant at Case Crime No. 218 of 2016, 237 of 2016 and 242 of 2016 shown in the gang chart, on which he is on bail. Copy of bail orders have been annexed at Annexure No. 3 of the affidavit appended to the bail application. The applicant was not named in two cases and the third one is a case of firing on police party wherein no police personnel has got injured. The applicant has no other criminal history. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 24.12.2016.
Per contra, learned A.G.A. has opposed the prayer for bail. However, he admitted the fact that there is criminal history of three cases against the applicant at Case Crime No. 218 of 2016, 237 of 2016 and 242 of 2016.
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-Arun Kumar @ Anna Yadav 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 :- 12.3.2018 Jaswant
2 issues framed by the court
Whether the applicant, accused under the U.P. Gangster & Anti Social Activities (Prevention) Act, is entitled to bail.
Whether the existence of bail in other cases affects the present bail plea.
Arun Kumar @ Anna Yadav
Umesh Chandra Tripathi
As recorded by the court registry
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