Single judge granted bail to applicant Muin @ Party in a gangster case under the UP Gangsters Act, allowing release on personal bond and two sureties with strict conditions against tampering or criminal activities.
Released on bail with personal bond and two sureties on conditions not to tamper with evidence or commit crimes.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31023 of 2019
Applicant :- Muin @ Party Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Sunil Kumar Srivastava, learned counsel for the applicant as well as Sri S. K. Upadhyay, 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 is 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 01.07.2019. 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 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-Muin @ Party involved in Case Crime No.369 of 2019, under Section 2/3 Uttar Pradesh Gangsters and Anti Social Activities Prevention Act, 1986, Police Station-Kotwali, District-Shahjahanpur 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 :- 2.8.2019
Pr/-
3 issues framed by the court
Whether bail should be granted to an accused alleged of gangster activities under the UP Gangsters and Anti Social Activities Prevention Act, 1986.
Whether the applicant can furnish a personal bond and sureties while being released on bail in a gangster case.
What conditions must be imposed on bail in a case involving anti-social activities.
1 provisions across 1 enactments
Muin @ Party
State Of U.P.
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
