This is a bail application. The court considered the applicant's claims of false implication, his bail history in related gang cases, and the facts of the underlying offence. The court granted bail on conditions.
The applicant released on bail by furnishing a personal bond and two reliable 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. - 33372 of 2019
Applicant :- Virendra Arya Opposite Party :- State Of U.P. Counsel for Applicant :- Ashwani Kumar Sachan,S B Singh,Saurabh Sachan Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 133 of 2018, under Section 2/3 Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, Police Station Ecotech 1st, District Gautam Budh Nagar, applied for bail.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. He further submits that in all cases shown in gang chart against the accused-applicant, he has been released on bail. Applicant is in jail since 25.07.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Applicant filed gang chart and bail order with the supplementary affidavit.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant is a member of gang, having one case against him, as shown in gang chart.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, number of cases shown in gang chart and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed .
Let applicant Virendra Arya be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.9.2019 I.A.Siddiqui
1 issue framed by the court
Whether bail should be granted to the accused-applicant under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
Virendra Arya
State Of U.P.
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
