Court allowed bail application under U.P. Gangsters Act. Applicant claimed false implication and lack of gang membership. Acknowledging gravity but finding fit case for bail with personal bond and sureties.
Application allowed; released on bail with personal bond and two sureties upon fulfillment of conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26930 of 2019
Applicant :- Shahid @ Bala Ji Opposite Party :- State Of U.P. Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Applicant-Shahid @ Bala Ji, seeks bail in Case Crime No.151 of 2019, under Section 2/3 of U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station-Kotwali, District-Badaun.
Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant as well as Sri B.B. Upandhayay, 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 three criminal cases 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. There are no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 16.04.2019. In case he is
enlarged on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the applicant is a member of gang and habitual of committing crime. In case the applicant is released on bail he will again indulge in similar anti-social activities and will misuse the bail by extending threat and intimidation to the prosecution witnesses.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Without expressing any opinion on the merits, let the applicant-Shahid @ Bala Ji involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 8.7.2019/Pr/-
3 issues framed by the court
Whether bail should be granted to an accused charged under the U.P. Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Whether there are reasonable grounds to believe the accused will tamper with evidence or commit further crimes if released on bail.
Whether the provisions of the Act have been misused to harass the applicant without sufficient evidence of gang membership or property acquisition.
1 provisions across 1 enactments
Shahid @ Bala Ji
State Of U.P.
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
