In Criminal Misc. Bail Application No. 4046 of 2019, the Court rejected the bail plea of Aziz Nat in a case under Section 2/3(1) U.P.Gangsters Act, 1996. While explicitly avoiding merits, the Judge declined bail and directed the Trial Court to conclude the trial expeditiously within six months.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4046 of 2019
Applicant :- Aziz Nat Opposite Party :- State Of U.P. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard Sri A.K.Singh, learned counsel for the applicant, Sri Ashish Pandey, learned counsel for the opposite party and Sri Abhinav Prasad, learned A.G.A. for the State and also perused the record.
This bail application has been filed by the applicant- Aziz Nat involved in G.T.No. 391 of 2012 arising out of Ca156 of 2011 under Section 2/3(1) U.P.Gangsters & Anti-social Activities(Prevention) Act, 1096,Police Station Pakadi, District Ballia,
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive and he has committed no offence.It has been next contended that due to lack of knowledge, the applicant could not appear before the court below on the dates fixed. It has further been stated that due to non appearance, non bailable warrant was also issued against the applicant.Subsequently in pursuance of the same, he surrendered before the court concerned. The applicant undertakes to appear before the trial court on each and every date fixed by the trial court. It is next contended that the applicant is languishing in jail from 20.7.2018. The applicant has criminal history of 8 cases and he is on bail in all these cases, which has been properly explained in paragraph no.4 of the supplementary affidavit field in support of the bail application.
Learned A.G.A. opposed the prayer for bail.
Considering all the facts and circumstances, but without touching merits of the case, I am of the view that applicant is not entitled for bail.
The bail application is rejected. However, learned Trial Court is directed to conclude the trial of the case expeditiously, preferably within 6 months from the date of production of certified copy of the order before it without granting any unwarranted adjournment to either of the side, unless it is required for very compelling circumstances.
Order Date :- 11.2.2019
IA
1 issue framed by the court
Whether bail is maintainable in an application filed under Section 2/3(1) of the U.P. Gangsters Act, 1996?
1 provisions across 1 enactments
Aziz Nat
Vivek Kumar Singh,J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
