Court granted bail to applicant Jogendra alias Junni under UP Gangster Act 1986, requiring personal bond and sureties with conditions against fraud, evidence tampering, and new criminal activities.
Application allowed; applicant released on bail on personal bond and two sureties subject to specific conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27557 of 2019
Applicant :- Jogendra @ Junni Opposite Party :- State Of U.P. Counsel for Applicant :- Chetan Prakash,Shachi Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Ms. Shachi Srivastava, learned counsel for the applicant, Mr. B.B. Upadhyay, learned Additional Government Advocate for the State and perused the material placed on record.
It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case with some ulterior motive. It is further contended by the learned counsel for the applicant that according to gang chart, two cases have been registered against the applicant, in which the applicant has been enlarged on bail. It has also been submitted that there is nothing on record to show that applicant has gained any undue temporal pecuniary material or any other advantage for himself or any other person by gangster and anti social activities acts. It is next submitted that there is no report of District Magistrate/Special Court on record regarding acquisition of any movable or immovable property by the applicant. Learned counsel for the applicant argued that the provisions of the Act has been used against the applicant like a weapon to harass and intimidate the innocent applicant. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is lastly contended by the learned counsel for the applicant that the applicant is in jail since 15.03.2019 and he is not a previous convict. In case, he is enlarged on bail, he will not misuse the liberty of bail.
Per contra learned AGA 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 indulge in similar anti-social activities and will misuse the liberty of bail by extending threat and intimidation to the prosecution witnesses.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case, let the applicant Jogendra alias Junni, involved in case crime No. 1159 of 2018, under section 2/3 of
UP Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Sector 39, NOIDA, district Gautam Budh Nagar, be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned on the following conditions that:-
However, in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for cancellation of bail of the applicant.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 22.7.2019 Sazia
2 issues framed by the court
Whether the applicant Jogendra alias Junni is entitled to bail in the specified case.
Whether strict conditions are necessary to prevent tampering with evidence or misuse of liberty.
1 provisions across 1 enactments
Jogendra @ Junni
State Of U.P.
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
