This court allowed the bail application of Rahul Masi, an accused under the UP Gangsters and Anti Social Activities (Prevention) Act, 1986, on a personal bond and two sureties, subject to conditions regarding non-tampering with witnesses and appearance in court.
Release of the applicant on bail by furnishing a personal bond and two sureties of the like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28154 of 2019
Applicant :- Rahul Masi Opposite Party :- State Of U.P. Counsel for Applicant :- Devi Dayal Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Devi Dayal, learned counsel for the applicant, and 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, three 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 16.12.2018 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 Rahul Masi involved in case crime No. 278 of 2019 under section 2/3 of UP Gangsters and Anti Social Activities (Prevention) Act, 1986, police station New Agra, District Agra 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 :- 16.7.2019 M. ARIF
1 issue framed by the court
Whether the applicant Rahul Masi involved under the UP Gangsters and Anti Social Activities (Prevention) Act, 1986 is entitled to bail.
1 provisions across 1 enactments
Rahul Masi
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
