This bail application was disposed of granting bail to the applicant involved under the UP Gangsters and Anti Social Activities (Prevention) Act, 1986 on furnishing a personal bond and two sureties subject to specific conditions.
Released on bail on furnishing personal bond and two sureties subject to specified conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30097 of 2019
Applicant :- Rajkumar Opposite Party :- State Of U.P. Counsel for Applicant :- Mohan Kant Baghel Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
IInd Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard Mr. Mohan Kant Baghel, learned counsel for the applicant, Mr. C.L. Singh, 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 04.07.2019 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 Rajkumar, involved in case crime No. 152 of 2019, under section 3(1) of UP Gangsters and Anti Social Activities (Prevention) Act, 1986, police station Chakiya, district Chandauli, 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 :- 5.8.2019 Sazia
2 issues framed by the court
Whether the applicant be granted bail in the pending gang crime under special Aadhaar Act?
What conditional bail may be granted to the applicant?
1 provisions across 1 enactments
Rajkumar
State Of U.P.
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
