Javed Kuraishi v. State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14285 of 2019

Applicant :- Javed Kuraishi Opposite Party :- State Of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A.

Hon'ble Krishna Pratap Singh,J.

Applicant-Javed Kuraishi seeks bail in Case Crime No.0032 of 2019, under Section 3 (1) of U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986, Police Station-Kamalganj, District-Farrukhabad.

Heard Sri Radhey Shyam Yadav, learned counsel for the applicant as well as Sri Kulveer Singh, learned AGA for the State and perused the material placed on record.

It is argued by the learned counsel for the applicant that according to the gang chart the applicant is said to have been involved in one criminal case in which he has already been enlarged on bail by the court concerned. He has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. It has been further submitted that there is nothing on record to show that applicant has gained any undue temporal pecuniary material for himself or any other person by Gangster and Anti Social Activities acts. It is also submitted that there is no report of District Magistrate/Special Court on record regarding acquisition of any movable or immovable property by the applicant. It was next submitted that the provisions of the Act has been used against the applicant like a weapon to harass and intimidate the innocent applicant. The applicant is not a previous convict. The applicant is languishing in jail since 21.12.2018 and in case he is enlarged on bail he will not misuse the liberty of bail.