Anil v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29441 of 2019

Applicant :- Anil Opposite Party :- State Of U.P. Counsel for Applicant :- Kamlesh Kumar Dwivedi Counsel for Opposite Party :- G.A.

Hon'ble Krishna Pratap Singh,J.

Supplementary affidavit filed on behalf of the applicant is taken on record.

Heard Mr. K.K. Dwivedi, learned counsel for the applicant, Mr. Santosh Kumar 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, four 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 21.03.2019 and he is not a previous convict. In case, he is enlarged on bail, he will not misuse the liberty of bail.